Ray v. Wal-Mart Stores, Inc.

Summary

The Utah Supreme Court answered a certified question concerning whether the right of self-defense constitutes a clear and substantial public-policy exception to Utah's at-will employment doctrine. The court held that it does, but only when an employee reasonably believes force is necessary to defend against an imminent threat of serious bodily harm and has no opportunity to withdraw. The case involved Wal-Mart employees terminated for violating a policy requiring disengagement from violent situations.

Holdings

1. Utah law recognizes a clear and substantial public policy favoring the right of self-defense, and that policy qualifies as an exception to the at-will employment doctrine.
2. An at-will employee may maintain a wrongful-termination claim for exercising self-defense only when the employee reasonably believes force is necessary to defend against an imminent threat of death or serious bodily harm and has no safe opportunity to withdraw.

Questions Presented

1. Whether Utah's public policy favoring the right of self-defense qualifies as a clear and substantial exception to the at-will employment doctrine.
2. Whether an at-will employee may maintain a wrongful-termination claim when terminated for exercising self-defense against an imminent threat of serious bodily harm where the employee had no safe opportunity to withdraw.

Disposition

other