Legal Definitions - abusive discharge

Abusive discharge refers to a legal claim made by a former employee who believes they were fired for reasons that violate a fundamental public policy of the state. This type of claim is typically brought when there isn't a clear employment contract that was breached, or a specific anti-retaliation law that was violated. Instead, the employee argues that their termination goes against a broader principle or value that the state recognizes as important for the public good.

Here are some examples illustrating abusive discharge:

• Example 1: Reporting Unsafe Practices

  A quality control inspector at a food processing plant discovers that the company is knowingly using expired ingredients in its products. She reports this internally to her supervisor, expressing concern about public health. A week later, she is fired, with the company citing "restructuring" as the reason, despite her excellent performance record.

  How it illustrates abusive discharge: While there might not be a specific statute explicitly protecting internal reporting of *expired ingredients* in this exact manner, the termination could be considered abusive discharge because it goes against the fundamental public policy of protecting public health and safety, and encouraging employees to report practices that endanger consumers.

• Example 2: Refusing to Commit an Illegal Act

  A truck driver is ordered by his employer to drive significantly over the legal hours-of-service limits to meet a tight delivery deadline. The driver refuses, citing safety concerns and the illegality of the request. The employer fires him on the spot.

  How it illustrates abusive discharge: This termination would likely be an abusive discharge because it punishes an employee for refusing to commit an illegal act (violating federal transportation regulations) that also poses a significant public safety risk. The state has a strong public policy against illegal conduct and promoting road safety.

• Example 3: Fulfilling a Civic Duty

  An employee is subpoenaed to testify as a witness in a criminal trial. Despite providing advance notice and proof of the subpoena, her employer fires her shortly after she returns from court, claiming she was "unreliable" due to her absence.

  How it illustrates abusive discharge: This termination could be an abusive discharge because it penalizes an employee for fulfilling a civic duty (testifying in court) that is essential to the functioning of the justice system. States generally have a strong public policy encouraging cooperation with legal proceedings.