Wrongful Termination
Employment Law · Lesson 09
Wrongful Termination
這一課問的是：解僱是否違反法律、合約、公共政策、或其他保護？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Does the discharge violate statute, contract, public policy, or other legal protection?
這一課問的是：解僱是否違反法律、合約、公共政策、或其他保護？
Trigger words & phrases that should flag this issue:
firedconstructive dischargeretaliationwhistleblowerwrongful
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
wrongful termination
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Discharge violating law, contract, or public policy.
不法解僱。
statutory protection
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Title VII, ADA, ADEA, FMLA, OSHA whistleblower, etc.
法定保護。
breach of employment contract
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Express or implied — handbook, oral promise, course of dealing.
違反僱用合約。
public policy exception
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Termination violating clearly established public policy.
公共政策例外。
constructive discharge
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Conditions so intolerable employee forced to resign.
推定解僱。
damages
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Back pay, front pay, emotional distress, attorneys' fees (statutory).
損害。
mitigation
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Plaintiff must mitigate by seeking comparable employment.
減損義務。
Rule Sentence · the workhorse
A wrongful termination claim requires that the discharge violate (1) a statute (Title VII, ADA, ADEA, FMLA, etc.), (2) an express or implied contract limiting termination, or (3) a clearly established public policy reflected in statute or constitution.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employer僱主
Act 行為terminating employee解僱員工
Object 對象protected employee受保護員工
Standard 法律標準statutory + contractual + public policy法定 + 合約 + 公共政策
Consequence 後果wrongful termination liability不法解僱責任
Casebook Snapshot · a real American case
Tameny v. Atlantic Richfield Co.
Holding. An at-will employee discharged for refusing to participate in an illegal price-fixing scheme states a tort claim for wrongful discharge in violation of public policy, allowing recovery of tort damages including punitive damages.
Why it matters. Tameny established wrongful discharge in violation of public policy as a tort claim, expanding remedies beyond contract.
Tameny：違反公共政策之解僱為侵權訴訟，可獲懲罰性賠償。
Common Mistakes · what trips students
✗ any unfair firing 為 wrongful。
✓ Must violate specific law, contract, or public policy.
須違反具體法、約、政策。
Mini IRAC · build the Application
Issue. May P sue for wrongful termination when P was fired for serving jury duty?
Rule. Wrongful termination claims may arise where discharge violates public policy reflected in statute, including the duty to serve as juror.
Application (model). P was fired for serving jury duty. Because the public-policy exception bars termination for fulfilling civic duties protected by statute, and jury service is universally protected, the fact that P was discharged specifically for performing the statutorily protected jury duty means the public-policy exception applies.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P has a viable wrongful termination claim.
MBE Check · multiple choice
P's employer creates intolerable working conditions, including harassment, isolation, and demotion. P resigns. Can P claim constructive discharge?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: