Chapter 12 - CHAPTER 12 TORT CLAIMS FOR WRONGFUL DISCHARGE AGAINST PUBLIC POLICY

• Jurisdiction: Colorado

Chapter 12 TORT CLAIMS FOR WRONGFUL DISCHARGE AGAINST PUBLIC POLICY

Chanda M. Feldkamp, Esq.^*

SYNOPSIS

§ 12.1 INTRODUCTION

§ 12.2 HISTORICAL DEVELOPMENT OF THE TORT

§ 12.2.1—United States Case Law
§ 12.2.2—Colorado Case Law

§ 12.3 MARTIN MARIETTA v. LORENZ — THE TORT AND ITS ELEMENTS

§ 12.3.1—The Lorenz Decision And The Rationale For The Cause Of Action
§ 12.3.2—Elements Of The Tort — As Applied Before, In, And Since Lorenz
§ 12.3.3—Three Contexts Recognized In Lorenz And Beyond

§ 12.4 DAMAGES

§ 12.5 OTHER UNRESOLVED ISSUES

§ 12.5.1—Preemption — Is There A Common Law Tort If The Employee Has Another Remedy For Wrongful Discharge?
§ 12.5.2—Who Can Assert A Claim?
§ 12.5.3—Does The Employee Actually Have To Be Discharged, Or Can The Claim Be Asserted On The Basis Of Employer Conduct Other Than Termination?
§ 12.5.4—Can Independent Contractors Pursue A Claim?
§ 12.5.5—Employee Misconduct

§ 12.6...