Abstract

The purpose of this paper is to provide our thoughts on Chapter 5 of the ALI's Restatement of the Law: Employment Law ("Restatement of Employment Law"), concerning "The Tort of Wrongful Discharge in Violation of Public Policy."'

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Instead of a detailed critique of Chapter 5's provisions, we have chosen to focus on two significant issues that we see as problematic and worthy of further discussion. The first involves the elimination in the final draft of the Restatement of protection against wrongful discipline, which left only the protection against wrongful discharge that violates public policy.

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The second significant failure that we would like to address appears in section 5.02 (protected activities), which requires that an employee "reasonably" believe a particular set of facts or circumstances in order to establish a wrongful discharge claim.

This abstract has been taken from the author's introduction.

Document Type

Article

Publication Date

2017

Publication Information

21 Employee Rights & Employment Policy Law Journal 511-543 (2017)

Comments

Written for the Labor Law Group's conference on ALI's Restatement of Employment Law (2017) at Indiana University-Bloomington.

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