7.3.4 Violation of Public Policy

The public policy expressed in the “Abuse of Right” doctrine has been very occasionally argued in wrongful discharge cases. It has gained no traction in Louisiana, although conceivably in some highly egregious circumstances it might have a chance. Potential ways to argue this exception include: (1) the exercise of rights exclusively for the purpose of harming another or with the predominant motive to cause harm; (2) exercise of rights without serious or legitimate reasons; (3) the use of the right in violation of moral rules, good faith, or fundamental fairness; or (4) the exercise of the right for a purpose other than that for which it was granted.