Journal of Labor and Employment Law, Vol. 8, 2006
28 Pages Posted: 5 Feb 2009
Date Written: Spring 2006
Wrongful discharge in violation of public policy circumscribes the employment at-will doctrine by prohibiting employers from firing employees who engage in conduct that is deemed to be protected by state or federal public policy. While much has been written about the pros and cons of such wrongful discharge claims, to date no scholarship has focused on the problems that arise when the source of public policy is a federal rather than state statute. This article analyzes the historical and current approaches to the use of federal statutes as a source of public policy to protect employees against discharge, concluding that courts fail to adequately assess whether federal statutes are an appropriate source of public policy. It then proposes a framework that courts should adopt to determine whether to recognize a federal statute as a source of public policy.
Keywords: Federal law, employment law, state law, wrongful discharge, wrongful termination, public policy, torts
JEL Classification: K13, K31, K42
Suggested Citation: Suggested Citation
Modesitt, Nancy M., Wrongful Discharge: The Use of Federal Law as a Source of Public Policy (Spring 2006). Journal of Labor and Employment Law, Vol. 8, 2006. Available at SSRN: https://ssrn.com/abstract=1296113