This recent case breaks new ground as New London Superior Court Judge A. Susan Peck finds a public policy exception to the at-will employment doctrine in cases of domestic violence. The court stated, in short, that employers cannot fire employees simply because they have experienced domestic violence. For those new to employment law, at-will employment means that the employer can, in most situations, fire their employees for any or no reason at all (excepting state and federally protected categories, such as race, sex, etc.). Exceptions to this doctrine are made infrequently.
The court stated that “[t]he plaintiff has sufficiently stated a claim of wrongful discharge in violation of a clear public policy against domestic abuse” as reflected and established in numerous state laws. Further, the plaintiff lacked any other statutory remedy.
In this particular case, the employee's husband assaulted her, she came to work with some physical evidence of the battery, and her doctor recommended she work part-time instead of full while she recovered. Her employer thought, apparently, that having a battered employee reflected poorly on their institution. I hate to say it, but she worked in a library.
Read the full story at the Connecticut Law Trib (subscription resource, will work on campus only). If you're interested in the docket, find it here.
Stay tuned next week for Metanoia, as we provide a series of posts discussing the wealth of resources available at our library for those seeking to promote peace with women.
