Recent Developments In The Law Of Wrongful Discharge In Violation Of Public Policy

This material was presented at the American Bar Association Subcommittee on Privacy and Collateral Torts, held January 2001 in Chicago. A tort cause of action for wrongful discharge in violation of public policy is recognized as an exception to the doctrine of employment at-will in most states. Although most states recognize the tort generally, state law varies considerably on its parameters. This paper charts the prevailing state law positions on such questions as, "How is 'public policy' defined?" and "Can an individual be sued for wrongful discharge in violation of public policy?"