Question

What if the state would have had a "whistle blower" protection law to protect employees in the child care industry from termination after reporting violations of the law? Would the "public policy" exception still be necessary? Why or why not?

Answer 1

The ‘Public policy’ exception to the at-will employment is rather a general concept pertaining to the employment wherein wrongful termination of the employees such as violating that of the state’s policy, may result into taking actions against the employers, especially in the cases where the terms of the employment are explicit and well-stated. If the State has a ‘whistle blower’ protection law to protect employees in the child care industry, first it must be checked to what extent does it cover the ‘exception to public policy’ clause. Secondly, the exception clause simply does not imply to the child care industry but to all other industries across the State and hence, is a broader regulatory clause and therefore, it shall be advisable for the exception to be necessary such that the loopholes of the ‘whistle blower’ protection law is well taken care of.