Recognized categories typically include refusing to commit an illegal act, exercising a statutory right, performing a public duty such as jury service, and reporting legal violations. The policy must derive from a constitutional, statutory, or regulatory source.
Scope varies substantially by state.
Alternative Names:
Public Policy Wrongful Discharge|Tortious Discharge
Why it Matters?
The requirement that the policy derive from a positive law source rather than general notions of fairness is what limits the exception, and claims resting on unfair treatment without an identifiable statutory anchor fail. Several states also hold the exception unavailable where the underlying statute provides its own remedy, which channels the claim to the statutory scheme. Identifying the specific source is the threshold analysis.
Frequently Confused with
Related terms
Frequently asked questions
What source must the policy derive from?
Does a statutory remedy preclude the claim?
