Terminating an employee for retaining legal counsel for private dispute with employer is against public policy.

The plaintiff retained legal counsel concerning a dispute with his employer over the extent of a stock option offer. The next day, the plaintiff was terminated. In his lawsuit, he alleged, among other claims, that his termination for retaining legal counsel was against public policy. In dismissing this claim, the District Court held that the retention of legal counsel for purposes of a purely private dispute does not change the at-will status of an employee and termination for taking the action does not violate public policy as long as the dispute is of a private nature.

Case Law Alert, 3rd Quarter 2013