Discharged Plaintiff Failed To Prove Public Policy Requiring Cooperation With Law Enforcement

Today in Maiden v. North American Stainless, L.P., the 6th Circuit upheld Judge Hood's previous dismissal of Maiden's wrongful termination claim.  Maiden was an at-will employee.  To support his wrongful termination claim, therefore, he needed to point to a well defined public policy to which his charge would have been contrary.  He claimed that his discharge "was substantially motivated by retaliation ... for [his] having lawfully cooperated with the Sheriff in recovery of the stolen property." That is, he alleged that there is a public policy requiring cooperation with law enforcement.  But he could not prove the existence of that policy.  As the 6th Circuit stated, "Maiden failed to identify any fundamental and well-defined public policy as evidenced by existing law requiring that Kentuckians cooperate with law enforcement."  The court did not say that such a policy does not exist.  It just said that Maiden did not prove it in this case.  All in all, a good case for employers.  But I would certainly still be cautious about discharging an employee for cooperating with law enforcement.  A Kentucky state court might not see the issue the same way.  Also, this is an unpublished decision, so its usefulness is limited.