"You're Fired!": Recognizing a Public Policy Claim for Private Employees Subjected to Political Discrimination in the Workplace

Private employers hold immense power within the employer-employee relationship. The at-will employment presumption provides employers with almost unrestricted discretion in determining whether to terminate employees. Although federal law provides private employees with some protections from unlawful termination, those protections do not extend to political expression, effectively allowing political discrimination in the workplace. A handful of states have enacted laws prohibiting political discrimination, but any protections created are very limited.

The public policy exception is the appropriate tool to overcome the inconsistent application of political discrimination statutes and grant private employees greater protection from unjust termination. This Note calls for an expansion of the public policy exception to recognize political expression as a valid and well-established public policy that should be protected in all jurisdictions. With the proper limitations, courts can appropriately use the public policy exception to protect private employees from political discrimination in the workplace.