At-will Employment - Public Policy Exceptions

Public Policy Exceptions

Under the public policy exception, an employer may not fire an employee if it would violate the state's public policy doctrine or a state or federal statute.

This includes retaliating against an employee for performing an action that complies with public policy (such as informing the authorities of an illegal activity, for instance abuse of a resident in a nursing home), as well as refusing to perform an action that would violate public policy. In this diagram, the pink states have the 'exception', which protects the employee.

As of October 2000, forty-three U.S. states and the District of Columbia recognize public policy as an exception to the at-will rule.

The 7 states which do not have the exception are:

  • Alabama
  • Georgia
  • Louisiana
  • Maine
  • Nebraska
  • New York
  • Rhode Island
  • Florida – three limited conditions can override an at-will agreement

Read more about this topic:  At-will Employment

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