However, this doctrine is preempted when an employer wrongfully discharges an employee, usually when the termination violates public policy in some way. Committing a tort is a pretty good way to be sure to violate public policy. Many cases are based on defamation. Which is of a type that would likely harm employee's reputation or deter other persons from wanting to deal with the employee in the business setting. Defamation has been defined as an invasion of an individuals interest in his name and reputation.
Many cases also allege intentional infliction of emotional distress.
This tort does not require severe emotional distress. Forcing an employee to take a drug test may give rise to a claim of false imprisonment. Invasion of privacy is also often brought as a tort action. The employer's best defense to the invasion of privacy allegation is that the employee has consented to the invasion. To assert this defense, however, an employer must put employees on notice that invasions may occur.