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Bad Faith Discharge
Bad Faith Discharge is when an employer fires or otherwise terminates a contracted employee in bad faith. This is a type of Breach of the Implied Covenant of Good Faith and Fair Dealing. This tort can only be committed by an employer when there is a contract for employment; however, an employer can commit Tortious Discharge whether or not there is a contract.
The elements of bad faith discharge are:
- There must be an enforceable contract
- There must be a special relationship between the tortfeasor and the tort victim . . . that is, a relationship of trust and special reliance.
- The employer’s conduct must go “well beyond the bounds of ordinary liability for breach of contract.”