New York Law (NYLE) Practice Exam

Does a fired at-will attorney have a viable wrongful termination claim for objecting to unethical conduct?

1. No, because at-will employees can be fired at any time

2. Yes, because such actions violate a public policy

3. No, unless there is a written contract guaranteeing employment

4. Yes, but only if the attorney can prove damages

The correct answer is: Yes, because such actions violate a public policy

The answer is grounded in the concept of public policy exceptions to the at-will employment doctrine. In New York, while it is generally true that at-will employees can be terminated without cause, there are important exceptions that protect employees from being fired for reasons that violate public policy. When an attorney objects to unethical conduct—such as refusing to participate in actions that are illegal or violate professional ethics—they are acting in a manner that aligns with the public interest of maintaining ethical standards and legislative mandates. Terminating an employee for such objections could undermine not only the ethical obligations of attorneys but also harm the integrity of the legal profession and public trust in the legal system. This protection means that if the attorney can demonstrate that their termination was directly linked to their refusal to engage in or silence regarding unethical behaviors, they may have a viable claim for wrongful termination based on a violation of public policy. The protection of employees who speak out against unethical conduct is considered essential for promoting ethical behavior within professions that have significant societal impacts, like law. In summary, the rationale for the correct answer acknowledges that certain actions taken in defense of public policy can supersede the traditional at-will employment doctrine, granting certain protections to employees who raise concerns about unethical conduct.