Most states recognize a claim for discharge that contravenes a clearly mandated public policy, notwithstanding at-will employment.

Recognized categories. Refusing to commit an unlawful act; performing a statutory duty such as jury service or military obligations; exercising a statutory right such as filing a workers compensation claim; and reporting a violation of law.

Source of the policy. A constitution, statute or regulation in most states. A general sense of unfairness, or an employer’s own policy, does not supply it.

Preemption by statutory remedy. Where a statute provides its own remedy for the conduct, many states hold the common law claim displaced. This is the most frequent basis for dismissal, and it makes identifying the statutory scheme the first step in any analysis.

Damages. Unlike most contract claims, tort measures may be available including emotional distress and, in some states, punitive damages — which is why these claims are pleaded even where a statutory claim exists.

Constructive discharge. Resignation may qualify where conditions were so intolerable that a reasonable person would have felt compelled to resign, which is a demanding standard.

Employer practice. Document the reason for every separation at the time, and be alert to separations following a report, a claim or a refusal.