Public Policy Exception

Public Policy Exception

Public Policy Exception

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 asked questions

What source must the policy derive from?

What source must the policy derive from?

A constitutional, statutory, or regulatory provision rather than general notions of fairness, which is what limits the exception.

Does a statutory remedy preclude the claim?

Does a statutory remedy preclude the claim?

In several states yes, where the underlying statute provides its own remedy the claim is channeled to that scheme.