Home > Journals > WMLR > Vol. 26 (1984-1985) > Iss. 3 (1985)
William & Mary Law Review
Abstract
This article explores the evolving legal landscape surrounding the imposition of punitive damages in cases of wrongful discharge of at-will employees. Historically, punitive damages served as a means to punish and deter particularly egregious conduct, typically limited to tortious actions. The article examines the expansion of wrongful discharge claims, especially for at-will employees, highlighting how courts have increasingly recognized exceptions to the traditional rule of at-will termination. These exceptions often arise in cases where terminations contravene public policy or imply bad faith, and, in some jurisdictions, permit punitive damages as a deterrent against abuses of managerial power. The article traces the origins of punitive damages, discusses their purposes and limitations, and analyzes the arguments for and against their application in wrongful discharge cases. By examining various legal theories and recent case law, the article provides a framework for understanding the conditions under which punitive damages may be justified in wrongful discharge cases, proposing guidelines to balance the interests of employers and the rights of employees.