Waking up to an email from your employer saying you’ve been let go is never a good way to start the day. Worse yet, those in at-will employment states may have limited say on the matter. Do you have any recourse at all? Perhaps, but first, let’s look into what at-will employment means.
At-Will Employment: What’s It Mean?
At-will employment simply means that either the employee or employer may legally terminate a working relationship for no reason at all. This type of employment status is both common and recognized in every State. Laws in each State do vary, but the general assumption is that you’re an at-will employee if no legal contract has been created.
As one could imagine, this is a controversial law and one that has no doubt been taken advantage of.
Wrongfully Terminated – What Can I Do?
If you feel that your employer has terminated you for unjust reasons, there’s a possibility you can seek compensation through legal means. However, before you can do that you’ll need to ask the question:
Am I an at-will employee?
If yes, you should check into your State’s specific guidelines on at-will employment.
There are three exceptions to the rule which may or may not apply in your State:
Public Policy Exceptions – Under this exception, employers are not permitted to terminate employees if it would violate the state’s or federal statutes.
Implied Contract Exceptions – This means that you have an “implied” contract that formed between you and your employer even if no written document was made. Under this assumption, you’re no longer an at-will employee and can not be terminated without cause. Because there is no written agreement, this exception is difficult to prove.
Implied In-Law Contracts – This exception is based on the belief that every employment relationship should guarantee good faith and fair dealing, or that termination can not be without just cause.
If you’ve been terminated in a State that recognizes these exceptions, you may want to contact a wrongful termination lawyer to review your case.
If you were employed under a contract status, then you’re probably not an at-will employee. In this case, the termination may or may not be lawful, depending on the wording of your employment contract.
Other Reasons You Can’t Be Fired
Despite the problems with at-will employment, you still have basic protections that permit you legal recourse should you employer wrongfully terminate you. These protections may vary based on your location, so you should check into local laws before following any of these:
Discrimination – Due to Federal law, you cannot be fired for reasons related to gender, age, race, disability, nationality, pregnancy, and religion.
Workers Compensation – You can’t be retaliated against for submitting a workers compensation claim.
Illegal Acts – An employer cannot terminate a worker for refusing to commit illegal acts or reporting illegal acts.
Family Medical Leave Act – In general, you can’t be fired when under a federal-protected FMLA.
Other illegal terminations may include being fired while on jury duty, military leave, and voting leave.
When in Doubt, Seek Legal Help
Being terminated by the company you’ve worked hard for can be a frustrating experience. You’ve put in the time and energy only to be left hanging. If you feel you’ve been wrongfully fired, seek the advice of an attorney who can help. Because most initial consultations are free, they’ll be able to let you know if you have a case worth pursuing.