How can you avoid violating “public policy”?

Public policy generally favors actions that are desirable as described or defined by law, regulations or ethical standards. In states that recognize the public policy limitation on the right to freely fire, a violation can occur if you fire an employee for actions condoned by public policy.

It is important to note, however, that a discharge does not have to violate a specific law or provision in order to be against public policy. Many courts have created public policy exceptions for discharges that are morally or socially wrong. For example:

• discharge for filing for workers' compensation benefits;

• discharge for obeying a subpoena and appearing as a witness in a court proceeding;

• discharge for refusing the sexual advances of a supervisor;

• discharge for filing criminal charges against a coemployee for acts committed in the course of employment;

• discharge for serving on jury duty;

• discharge for reporting an employer's illegal acts to appropriate authorities;

• discharge for refusing to participate in an employer's lobbying efforts;

• discharge for failing to follow an employer's instructions to enter tenants' apartments and rummage through their personal papers; and

• discharge because of a wage assignment order for child support payments.

Employer costs. Discharges that are found to violate public policy can be very expensive to employers. With proof that an employer intentionally and wrongfully fired the employee for actions favored by public policy, it might have to pay compensatory damages for lost wages and benefits and any physical or emotional toll resulting from the discharge that can be translated into money; and punitive damages-an award (often quite high) that is intended to serve purely as punishment for particularly offensive conduct by the employer.