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Public Policy Issues

Individuals faced with situations involving public policy law will have questions regarding public policy. Not knowing what public policy is or if termination of a job was against public policy often lead to questions like the ones answered below.

What is public policy regarding an At Will employment contract?

Public policy regarding an at will employment contract will be determined by the courts. The court will base that the termination was invalid if it violates public policy. As an example, if termination occurred because an employer asked an employee to do something that was illegal and you refused and subsequently were fired based on your refusal, then the court can deem that you were fired wrongfully. This would be based on the fact that it would be against your state’s public policy to engage in illegal acts.

Is it against public policy for a real estate contract to allow residential buyers to waive inspection rights?

It is not against public policy for a real estate contract to allow residential buyers to waive inspection rights. That right to waive inspection rights is held by the buyer. If that buyer chooses to give up that right then they are choosing to take on the property with or without defects.

Why are communities involved in making public policy?

Communities are involved in making/creating public policy because the circumstances directly affect and relate to that community. When the community is involved in making public policy it is called consensus decision-making. The community that helped make public policy will have to live with the decision, so creating public policy locally benefits the community more specifically.

I am a surgical nurse and I refused to bring a contaminated surgical tray from one operating room to another. I refused to sign off on the case for the good of the patient. I was fired with cause and not given vacation or sick pay accrued. Do I have a case based on public policy?

Based on the facts that you have given it is likely that you do have a case because it is against public policy for an employer to fire and employee for the fact that you refused to violate a health code regulation. An employee cannot be fired, treated differently or discriminated against in a way that would be prohibited by public policy or law. You would be entitled to lost wages, accrued benefits, reinstatement and attorney’s fees.

Based on falsified info from a federal supervisor, an employee was wrongly terminated. Before he could appeal he died prematurely at the hands of another. The termination was a contributing factor to his death. Can the Federal government be held liable based on public policy?

Wrongful termination is found for one of three reasons. An employer violated a statute, there was a breach of contract, or because of a tort action where the termination violates public policy. To fall under the public policy exception the employee would need to prove that their termination was based on their refusal to conduct themselves in a way that would violate public policy.

Understanding and being knowledgeable about public policy can help when faced with questions involving public policy. Experts can help answer questions on how public policy is regarded with at will employee contracts or why communities help make public policy. Get the answers fast and affordably by asking an Expert.
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