An Employee Dismissed for Refusing to Commit an Illegal Act States a Cause of Action Under a Narrow Exception to the Employment-at-Will Doctrine
Higgins, June E.
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Discusses a Texas Supreme Court case that established a narrow exception for the employment-at-will doctrine. The article details the evolution of the employment-at-will doctrine, including the employer’s unlimited power of termination, the regulation of the employment relationship, judicial exceptions imposed by other jurisdictions, and Texas’ rejection of both contract and tort theories. The article analyzes the current case and the adoption of the public policy exception for wrongful termination when an employee is terminated for refusing to perform an illegal act. The article details the effects of the exception and the strict burden of proof requirement.