SB 374 - Mayer, Rob
Codifies the employment-at-will doctrine
Bill Details
Sponsor
LR Number
1897S.01I
Title
SB 374
House Handler
N/A
Journal Page
Effective Date
August 28, 2009
Committee
Current Status
Second Read and Referred S General Laws Committee
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
SB 374 - 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), SB 168 (2007), and SB 1046 (2008).
CHRIS HOGERTY