Question

Which of the following exceptions to at-will employment protects employees fired for pursuing a lawful claim against their employer (for example, a workers’ compensation claim)?

Multiple Choice

1. An implied covenant of equal consideration

2. Implied contracts

3. The tort of violating an established public policy

4. Express contracts

Answer 1

Employees fired for filing a lawful claim, such as a worker’s compensation claim, are protected by the tort of violating an established public policy, an exception to at-will employment.

Step-by-step explanation:

The exception to at-will employment that protects employees who are terminated for pursuing a lawful claim against their employer, such as a worker’s compensation claim, is identified as the tort of violating an established public policy.

This legal principle provides employees with protection against wrongful termination when their firing contravenes fundamental public policies, such as filing for worker’s compensation, reporting illegal activities (whistleblowing), or engaging in activities that are in the public interest, like jury duty. While at-will employment typically allows employers to terminate employees without just cause, there are several exceptions, including the aforementioned public policy exception, as well as those involving implied contracts, violation of anti-discrimination laws, and retaliation for exercising legal rights under labor laws.