Legal Definitions - abusive discharge

Abusive discharge is when an employee is fired and believes that their termination goes against a public policy of the state. This type of claim is usually made when the employee cannot claim that their contract was breached or that a law was violated. Instead, they argue that their firing goes against a general public policy that the state supports.

For example, if an employee is fired for reporting illegal activity at their workplace, they may claim abusive discharge. They argue that the state supports the public policy of reporting illegal activity and that their firing goes against that policy.

Another example could be an employee who is fired for taking time off to vote. They may claim abusive discharge, arguing that the state supports the public policy of allowing employees to take time off to vote and that their firing goes against that policy.

These examples illustrate how abusive discharge claims are made when an employee believes that their firing goes against a public policy that the state supports.