SB 168 Codifies the employment-at-will doctrine
Sponsor: Mayer Co-Sponsor(s)
LR Number: 0191S.05C Fiscal Note: 0191-05
Committee: Small Business, Insurance & Industrial Relations
Last Action: 5/18/2007 - S Informal Calendar S Bills for Perfection Journal Page:
Title: SCS SB 168 Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SCS/SB 168 - Under this act, employees shall not be discharged when elements of a whistle-blower cause of action for wrongful discharge are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employee reported to the proper authorities conduct that the employee had a good faith and reasonable belief violated the law and well-established and clearly mandated public policy as expressed in a statute, constitutional provision, or regulation; the employee was discharged; and the report was the determining factor in the discharge.

Similarly, employees shall not be discharged when elements of a refusal to commit an illegal act cause of action for wrongful discharge are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employee acted to prevent the performance of conduct that the employee had a good faith and reasonable belief would if completed, violate the law and well-established and clearly mandated public policy as expressed in a statute, constitutional provision, or regulation; the employee opposed the performance of the act, or refused to perform the act; the employee's opposition or refusal to perform was the determining factor in the discharge.

This act is similar to HB 1456 (2005).

CHRIS HOGERTY