SB 1046 Codifies the employment-at-will doctrine
Sponsor: Mayer
LR Number: 4744S.01I Fiscal Note: 4744-01
Committee: Pensions, Veterans' Affairs and General Laws
Last Action: 5/16/2008 - S Informal Calendar S Bills for Perfection--SB 1046-Mayer, with SA 1 & SSA 1 for SA 1 (pending) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2008

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2008 Senate Bills

Current Bill Summary


SB 1046 - Under this act, the employment-at-will doctrine shall not control 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 a statute, constitutional provision, or regulation and a clearly mandated public policy; the employee was discharged; and the act of reporting was the exclusive factor in the discharge.

Similarly, the employment-at-will doctrine shall not control when elements of a refusal to commit an illegal act cause of action for wrongful discharge in violation of public policy are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employer directed the employee to perform conduct that would, if completed, violate a statute, constitutional provision, or regulation and a clearly mandated public policy; the employee specifically refused to perform the act; the employee was discharged; and the refusal to perform the act was the exclusive factor in the discharge.

This act is similar to HB 1456 (2006) and SB 168 (2007).

CHRIS HOGERTY