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In this paper, Professor Ann McGinley responds to Chapter 5 of the ALI's Restatement of the Law: Employment Law ("Restatement of Employment Law"), concerning "The Tort of Wrongful Discharge in Violation of Public Policy."' It proceeds in five parts. Following an introduction in Part I, Part II summarizes generally the provisions of Chapter 5, the Working Group's objections to the earlier version and recommendations for changes, and explains (when appropriate) where the final version deviated from the prior version. Part III argues that this chapter should have kept the prior version's protection against wrongful discipline instead of protecting only against wrongful discharge. Part IV argues that requiring employees to have a "reasonable" belief (in addition to a good faith belief) that conduct will violate the law or harm the public's health or safety is an inappropriately high standard and should be abandoned in favor of requiring only a good faith belief. Part V briefly concludes.

Publication Citation

21 Emp. Rts. & Emp. Pol'y J. 511 (2017).