Employee's claim termination violated public policy fails

The Connecticut Appellate Court recently affirmed the dismissal of a former employee's claim he was terminated in violation of the state's "public policy" for opposing a plan to use telephone poles that contained creosote in a garden at the school where he worked.

Employment with Marvelwood School

Aaron Zweig was hired as a history teacher by Marvelwood School, a boarding school. He was also the director of food studies. In the role, he was responsible for maintaining the school's garden. There were some concerns about the garden's appearance, however.

In May 2014, a parent offered to donate telephone poles filled with creosote to construct raised garden beds to improve the garden's appearance. Zweig opposed the idea "because [the telephone poles were] made with carcinogenic chemicals that leech into the soil." The telephone pole idea was eventually scrapped, but he was replaced as the employee responsible for maintaining the garden. Marvelwood School nevertheless rehired him as an at-will employee to continue teaching under two subsequent employment contracts. It later terminated him.

Zweig sued, claiming he was terminated for opposing the use of the creosote-filled telephone poles in the garden and that his termination violated Connecticut public policy.

Court throws out wrongful discharge claim

The lower court threw out Zweig's claim, and the Connecticut Appellate Court affirmed.

The appeals court noted at-will employees can generally be terminated at any time, for any reason. There are, however, various exceptions to the general rule.