NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A client is seeking legal advice regarding a dispute with their former employer. The client alleges they were terminated primarily because they reported unsafe working conditions to a government agency, which is protected under state law. The attorney explains that this type of claim falls under an exception to the 'at-will' employment doctrine. Which exception is the attorney most likely referring to?
- APublic policy exception
- BCovenant of good faith and fair dealing exception
- CImplied contract exception
- DPromissory estoppel exception
Show answer & explanationAnswer & explanation
Correct answer: A. Public policy exception
The public policy exception protects employees from termination for reasons that violate a clear public policy, such as whistleblowing or refusing to commit an illegal act.
Why the other options are wrong
- B. Covenant of good faith and fair dealing implies that parties will act fairly, rarely used to override at-will.
- C. Implied contract exception arises from employer handbooks or oral assurances.
- D. Promissory estoppel involves detrimental reliance on an employer's promise.
Public Policy Exception (Employment)
An exception to the at-will employment doctrine that prohibits an employer from terminating an employee for reasons that violate a clear public policy, such as refusing to commit an illegal act or reporting illegal activity (whistleblowing).
- Protects employees from wrongful discharge.
- Public policy must be clearly articulated (e.g., in statutes, regulations).
- Common examples include whistleblowing, exercising a legal right, or refusing to commit a crime.
Memory trick: PIC-P: Public policy, Implied contract, Covenant, Promissory estoppel.