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Employment Law Torts
When do actions at work qualify as torts? Sometimes, terminations themselves may be tortious. Starting in the 1960s, most jurisdictions recognized a public policy tort, which allows an employee to argue that she has been discharged for engaging in conduct that has been mandated, or at least encouraged, by some public policy not directly connected with employment. Other employees may bring actions for defamation.
The availability of tort causes of action can shape how employers hire and fire workers--and how they provide references. What public values are at stake in these practices? How much should be left to private ordering?
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