Johnson v. Kreiser's, Inc.

SABERS, Justice

(specially concurring).

I applaud the recognition of the public policy exception to the employment-at-will doctrine. I write specially to add that reversal could also be based on the employer’s breach of the implied covenant of good faith and fair dealing, and that such should be recognized in this state. See my prior writings in Breen v. Dakota Gear, 433 N.W.2d 221, 224 (S.D.1988), French v. Dell Rapids Community Hospital, 432 N.W.2d 285, 292 (S.D.1988), Larson v. Kreiser’s Inc., 427 N.W.2d 833, 835 (S.D.1988), and Blote v. First Federal Sav. & Loan Ass’n, 422 N.W.2d 834, 838 (S.D.1988). The majority states that, “A contract action is predicated on the breach of an implied provision that an employer will not discharge an employee for refusing to perform a criminal or unlawful act.” (emphasis added). Similarly, a contract action is predicated on the breach of an implied provision that an employer will not discharge an employee in bad faith.