Hastings Law Journal


Jean C. Love


To protect employees from being discharged in retaliation for filing a workers' compensation claim, courts and legislatures have fashioned a remedy-the tort action of retaliatory discharge. While this Article examines the tort of retaliatory discharge for workers' compensation in particular, its analysis applies as well in other retaliatory discharge contexts. The Article surveys the development of the tort of retaliatory discharge, sets forth the prima facie case of liability, and explores problems in proving causation. The Article then discusses available defenses and recommends that courts and legislatures recognize both legal and equitable remedies. Finally, the Article examines legislation that may be enacted by states that wish to provide a complementary administrative remedy.

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