Home > Journals > WMLR > Vol. 26 (1984-1985) > Iss. 3 (1985)
William & Mary Law Review
Abstract
The doctrine of punitive damages exists in law to ensure accountability of bad actors by assigning even larger monetary distress on the parties. However, use of punitive damages is usually limited to contract or tort law. This paper explores whether the expansion of punitive damages to employment law may influence employers and make rights of action for wrongful discharge of employees more serious. First, the paper discusses the advent of the “at will” employment doctrine and discusses possible remedies for recovery in suits for wrongful discharge. Current remedies are inconsistent and hard to apply, which makes it difficult for at-will employees to recover in these actions. Second, the paper discusses the general doctrine of punitive damages, from the Code of Hammurabi into modern law, outlining the purposes and negative aspects of these damages. The paper then outlines when the application of punitive damages to wrongful discharge of at will employees is or is not available in multiple jurisdictions, and lastly explores justifications of how the use of punitive damages would benefit the system by acting as a secondary layer of protection for employees.
