Kentucky recognizes a claim for wrongful discharge, and one way it arises is when an employee is fired for refusing to violate a law in the course of his or her employment. Here's two examples:
- Hill v. Ky. Lottery Corp., 327 S.W.3d 412 (Ky. 2010)(refusal to commit perjury in legal proceeding)
- Follett v. Gateway Regional Health System, Inc., 229 S.W.3d 925 (Ky. App. 2007) (refusal to condone irregular medical billing and a doctor working under the influence of alcohol)
A number of other states recognize the same, here are some more examples:
- Wagenseller v. Scottsdale Memorial Hospital, 147 Ariz. 370, 710 P.2d 1025, 1035 (Ariz. 1985) (“the termination for refusal to commit an act which might violate A.R.S. § 13-1402 [indecent exposure] may provide the basis of a claim for wrongful discharge.”)
- Webb v. HCA Health Serv., 780 S.W.2d 571 (Ark. 1989) (protecting refusal to falsify medical records required by Medicaid and Medicare)
- Tameny v. Atlantic Richfield Co., 610 P.2d 1330, 27 Cal.3d 167 (Cal. 1980) (wrongful firing of employee for refusing to participate in illegal price-fixing scheme)
- Collier v. Superior Court of Los Angeles County, 228 Cal. App. 3d 1117 (Cal. App. 4th Dist.
1991) (allowing wrongful termination claim to protect refusal to engage in bribery, kickbacks, tax evasion, drug trafficking and money laundering as the claim serves the public interests and protects innocent persons) - Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 109 (Colo. 1992) (en banc)(refusing to violate federal statute by providing NASA with false information regarding product quality and pricing)
- Bonidy v. Vail Valley Ctr. for Aesthetic Dentistry, P.E., 186 P.3d 80, 83 (Colo. Ct. App. 2008), cert. denied, 2008 WL 2486232 (Colo. 2008) (protecting an employee who “objects
to performing a[] [wrongful] act” and “is immediately fired before having an opportunity to refuse to perform the directed act”) - Faulkner v. UnitedTechnologies Corp., 240 Conn. 576, 693 A.2d 293 (Conn. 1997) (refusing to defraud U.S. Army by using defective helicopter parts in violation of 18 U.S.C. § 1031)
- Adams v. George W. Cochran & Co., Inc., 597 A.2d 28, 33 (D.C. 1991) (refusing to drive truck that lacked required inspection sticker)
- Norris v. Hawaiian Airlines, Inc., 842 P.2d 634 (Haw. 1992) (refusing to falsify airline maintenance records in violation of FAA regulations), aff’d sub nom. Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (1994)
- McClanahan v. Remington Freight Lines, Inc., 517 N.E.2d 390 (Ind. 1988) (refusing to drive truck over legal weight limit)
- Borschel v. City of Perry, 512 N.W.2d 565, 567 (Iowa 1994) (referring to refusal “to commit an unlawful act” as one basis for wrongful discharge claim)
- Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275, 280 (Iowa 2000) (refusal to commit perjury protected)
- Kessler v. Equity Management, Inc., 82 Md.App. 577, 572 A.2d 1144 (1990) (refusal to commit trespass and invasion of privacy)
- DeRose v. Putnam Mgmt. Co., 496 N.E.2d 428 (Mass. 1986)(refusing to testify falsely at criminal trial)
- Trombetta v. Detroit, T.&I.R.R., 265 N.W.2d 385 (Mich. Ct. App. 1978) (refusing to falsify
pollution control records in violation of state law) - Drake v. Advance Construction Service, Inc., 117 F.3d 203 (5th Cir. 1997) (applying Mississippi law) (protecting a refusal to submit false quality-control reports to U.S. Army Corps of Engineers), following McArn v. Allied Bruce–Terminix Co., Inc., 626 So.2d 603, 607 (Miss. 1993)
- Fleshner v. Pepose Vision Institute, 304 S.W.3d 81 (Mo. 2010) (employee may not be terminated for refusing to violate the law or any well-established and clear mandate of public
policy, or for reporting wrongdoing or violations of law to superiors or public authorities) - Schriner v. Meginnis Ford Co., 421 N.W.2d 755 (Neb. 1988) (refusal to commit odometer fraud)
- Tartaglia v. UBS PaineWebber, Inc., 197 N.J. 81, 961 A.2d 1167 (2008) (actual or threatened complaint to outside agency was not required to support common law cause of action for retaliatory discharge; attorney protected for refusing to engage in conflict of interest)
- Coman v. Thomas Manufacturing Co., Inc., 381 S.E.2d 445 (N.C. 1989) (refusing to violate federal regulations by driving truck excessive hours and falsifying records)
- Sabo v. Schott, 1994 Ohio 249, 70 Ohio St. 3d. 527, 639 N.E.2d 783 (refusal to commit perjury)
- Todd v. Frank’s Tong Service, Inc., 1989 Ok. 121, ¶ 12, 784 P.2d 47 (refusing to drive truck with defective brakes, headlights, and turn signals, in violation of state law)
- Delaney v. Taco Time Int’l, Inc., 297 Or. 10, 681 P.2d 114 (1984) (refusal to sign a false and defamatory statement)
- Anderson v. Evergreen International Airlines, Inc., 131 Or. App. 726, 886 P.2d 1068
(1994), rev. denied, 320 Or. 749 (1995) (refusing to use defective parts in defendant’s aircraft, and refusing to cover up safety violations) - Woodson v. AMF Leisureland Centers, Inc., 842 F.2d 699 (3d Cir. 1988) (applying
Pennsylvania law) (discharging bartender for refusing to serve visibly intoxicated patron, in violation of state liquor code) - Strange v. Nationwide Mutual Ins. Co., 867 F. Supp. 1209, 1218-19 (E.D. Pa. 1994)
(applying Pennsylvania law; protecting a refusal to engage in illegal “redlining”) - Dugan v. Bell Telephone of Pennsylvania, 876 F. Supp. 713, 725-26 (W.D. Penn. 1994) (applying Pennsylvania law; protecting a refusal to participate in destruction of records subpoenaed by state legislature)
- Reynolds v. Ozark Motor Lines, Inc., 887 S.W.2d 822 (Tenn. 1994) (refusing to violate laws requiring trucks be inspected for safety violations before driving)
- Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 437 (Tenn. 2011) (protecting a refusal to engage in age discrimination in housing)
- Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985) (protecting a refusal to dump ship’s bilges into public waterway, an illegal act)
- Nguyen v. Technical and Scientific Application, Inc., 981 S.W.2d 900 (Tex. Ct. App. 1998) (refusing to violate federal criminal copyright laws)
- Peterson v. Browning, 832 P.2d 1280 (Utah 1992) (refusing to falsify tax and customs documents)
- Hubbard v. Spokane County, 146 Wash.2d 699, 707, 50 P.3d 602, 611 (2002) (en banc) (director of planning department fired for seeking assistance of county prosecutor to prevent issuance of permit to build new hotel in violation of zoning code and airport master plan)
- Collins v. Elkay Mining Co., 371 S.E.2d 46 (W. Va. 1988) (refusing to falsify mine safety reports and refusing to violate mine safety laws)
- Kempfer v. Automated Finishing, Inc., 564 N.W.2d 692 (Wis. 1997) (refusing to drive
delivery truck without proper licensing)
These cases were collected in a brief filed by NELA member Richard Renner in a brief he filed with the Nevada Supreme Court in his case, Reuber v. Reno Dodge, No. 61602
