The Public Policy Exception

The Employment-At-Will doctrine was formulated under the concept that employers and their employees held roughly equal power in negotiations. Employers held opportunities and wages as bargaining chips, and employees could offer the skills and expertise necessary to promote an employer's business interests. Through this lens, it seemed quite fair to grant both parties the right to terminate the employment at any time and for any reason, in the absence of an employment contract specifying a length of service. In the mid-20th century, though, the courts determined that employers held an advantage and the notion of exceptions to the At-Will doctrine was introduced.

If you have been fired from an at-will position because you have refused to engage in a criminal activity at your employer's request, then you may be able to pursue a legal action for damages. Contact the Houston employment lawyers of the Ross Law Group at 713-482-6910. We are committed to serving workers whose rights are violated by imprudent employers.

Exception to the Rule

In recognition of the discrepancy in bargaining power, courts have rendered decisions that have established that the At-Will doctrine does not hold when a termination stands contrary to public policy. Some states interpret this broadly, but in Texas the Public Policy Exception has a very narrow definition. Workers may be able to pursue a wrongful termination claim if the employer ended the employment in response to an employee's refusal to perpetrate a crime on its behalf. Stipulations include the following:

• This refusal must be the total rationale for the dismissal
• The requested action has to be criminal, not merely objectionable
• The criminal act must have been a necessary entailment of the request

Contact Us

No employee should ever be asked to break the law, and choosing to act in a responsible and law-abiding manner is never grounds for termination. Contact the Houston wrongful termination lawyers of the Ross Law Group at 713-482-6910 if you believe your firing may fall under the Public Policy Exception.