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ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Being Fired

How does firing a worker conflict with a state's public policy?

Generally speaking, the public policy of a state can be found in the state's statutes and constitution. Courts have determined that four categories of discharge undermine public policy.

  • Firing workers because they refuse to perform an act that state law prohibits. For example, an employer tells workers to dump toxic waste into the city sewer system. The workers refuse and are fired.
  • Firing workers for reporting a violation of the law. For example, workers report to the state agriculture department that an employer is selling contaminated meat, and the employer fires them.
  • Firing workers for engaging in acts that public policy encourages. For example, employees report to jury duty and the employer fires them for missing work.
  • Firing workers for exercising a statutory right. For example, injured workers file a claim under the state workers' compensation law and the employer fires them.
    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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