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Wrongful Discharge
Whether the discharge of an employee is wrongful often depends on the facts and circumstances of the employment relationship as well as the discharge. Employment relationships can be based on a written contract or they can be "at-will." When based on a contract, the provisions of the contract often govern the circumstances under which the employee may be discharged.
When the employment is "at-will," the employer is often given broad discretion to discharge the employee at anytime with or without cause. In the case of at-will employment, a discharge can be wrongful when it violates a strong public policy - for example the employee refuses to engage in illegal conduct - or when the employee is discharged for exercising a constitutional right - such as a religious practice. However, not all public policy considerations are absolute so there may be limits to the protection from discharge afforded at will employees.
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