An employer fires an employee in an employment-at-will state. The employee knows that the termination was not discriminatory but is concerned that the termination might have had to do with his outspoken nature about what he deemed to be unethical marketing practices of the employer. What possible legal theory(ies) might the employee be able to advance against the employer?
Although there are a number of statutory exceptions to at will termination, including discrimination based upon an individual's sex, race, religion, age, national origin, etc., there is only one legal theory or statutory exception that could possibly apply to this situation. The only legal or statutory exception that the employee could possibly advance against the employer would be the exception that forbids terminating an employee for his or her refusal to engage in illegal activities. Although this is a possible theory that the employee might be able to advance against the employer, it is highly unlikely that utilizing this theory would result in a successful outcome for the employee.
One of the key reasons that utilizing this legal theory would not have a high probability of success for the employee is due to ...
This solution describes key factors in employment law, concerning the termination of employees.