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More Employment at Will vs. Self-Defense

I agree with Walter's conclusion on the debate between Employment at Will vs. Self-Defense.

If the employer isn't free to enforce its rules on how employees should respond to dangerous situations (like an armed assailant on the premises) then the employer is on the horns of a dilemma that the law should not impose.

Under the rule that the West Virginia Supreme Court established, the employer is liable for wrongful termination it it terminates its employees for using violence in response to an attack on the employer's premises.

The employer is also liable, under prevailing theories of respondeat superior and premises liability, if its employees' actions result in injury to other employees or patrons.

The holding in the Feliciano case seems to damn employers both if they (a) try to restrict the actions of their employees and (b) allow their employees to defend themselves.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.