Section 25 Statement of Theory

• Library: Emp-Emp Law 2000

A Michigan case, Percival v. General Motors Corp., 539 F.2d 1126, 1129–30 (8^th Cir. 1976), defines the theory of discharge in breach of public policy: “[A] discharge is wrongful and actionable if it is motivated by the fact that the employee did something that public policy encourages or that he refused to do something that public policy forbids or condemns.”

The Eighth Circuit Court of Appeals has also declared: “[I]t is an implied term of every contract of employment that neither party be required to do what the law forbids.” Lucas v. Brown & Root, Inc., 736 F.2d 1202, 1205 (8^th Cir. 1984) (Arkansas would recognize public policy exception to employment-at-will doctrine).

Some courts may limit “public policy” to constitutional or statutory declarations, e.g., Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834, 840 (Wis. 1983), while other courts may...