New Case Law Further Clarifies the Employment At-Will Doctrine
Author: Michael C. Jacobson, XpertHR Legal Editor
Three recent federal court rulings illustrate and clarify the extent of the employment at-will doctrine in three states: Michigan, Alabama and Mississippi.
Most significant among them is Casias v. Wal-Mart Stores, Inc., +2012 U.S. App. LEXIS 19634 (6th Cir. Sept. 19, 2012), in which the 6th Circuit Court of Appeals clarified that the Michigan Medical Marihuana Act does not create a new public policy exception to the employment at-will doctrine, nor does it create a new category of protected class of individual under the state's anti-discrimination legislation.
The second, Hatfield v. Arbor Springs Health & Rehab Ctr., +2012 U.S. Dist. LEXIS 139320 (M.D. Ala. Sept. 4, 2012), is the latest ruling to reinforce existing case law holding that Alabama does not have any public policy exceptions to the employment at-will doctrine except where specifically created by statute.
Alabama does recognize whistleblower protections and anti-retaliation protections in some cases, but at-will employees cannot bring claims for wrongful termination in violation of public policy, even if the employer's motivation for termination is "illegal."
The third, Crabb v. Wal-Mart Stores, Inc., +2012 U.S. Dist. LEXIS 131911 (N.D. Miss. Sept. 17, 2012), reiterates the elements for a retaliatory discharge claim after a report of illegal or criminal activity in the workplace.
The Employment Law Manual has been updated to reflect these rulings. XpertHR will continue to monitor other developments in this area.
Additional Resources
Employment At-Will: Mississippi