If you are working in any state in the USA, you might have heard that you are an at-will employee. Now, you might think that since you are an at-will employee, your boss is allowed to fire you blatantly for whatever reason. The disappointing fact about this aspect is that a lot of good people who get terminated under suspicious circumstances believe that they have no say because they are at-will employees.
If you believe something similar, then you should know that this is nothing but a myth.
Read on to learn more.
Misconception: Your Employer Can Fire You For Any Reason
A vast majority of employees think that the at-will employment doctrine significantly delimits their capability of using the legal system to their benefit. Employers like to claim in job offer letters and employment documents that their at-will employment means that their employer can dismiss them at any time for any potential with or without giving them a warning.
Now, if you have experienced something very similar to this in your employment contract, then you should know that there is one part of this statement that can be highly misleading. The truth is that your employer cannot simply fire you for “any reason.” Another truth is that they cannot fire you for any unlawful reason.
What Does the Law Say?
According to the law, there is a legal presumption that your employment is at will, which means that unless you have a contract that states otherwise, such as in the case of a “collective bargaining agreement,” where you cannot be fired without cause, you are assumed to be an at-will employee.
If you were to deeply assess the law surrounding employment in most states, you can see that the employer or the employee is able to end the employment relationship without a cause.
What Does This Mean for The Employee?
Since you can end an employment without a cause, it means that you, as the employee, don’t need to provide your employer with a good reason to quit. In simpler words, if you don’t want to work for someone, you don’t have to, and you have the right to leave at any time.
Similarly, the employer, with certain restrictions, doesn’t need to have a good reason to fire you. They can just fire you the way you can just quit the job when you want to.
What Does This Mean for the Employer?
Now, the general at-will employment law means several things for the employer. For instance, it can mean that the employer’s motive for termination and subsequent lack of care is generally irrelevant. This aspect diminishes the claim that an employer could have acted in bad faith or without cause.
The at-will employment law can also mean that the employer is not really required to treat all of their employees exactly the same. The employer has the right to act inconsistently or arbitrarily. Finally, since the employer isn’t required to provide specific protection or fair treatment, they don’t have to treat you fairly.
However, even with all said, at-will employment still doesn’t mean that the employer can fire you for “any reason.”
What are the Exceptions to This Rule?
Just because you are an employee in any state of America, it doesn’t necessarily mean that you are an at-will employee. Some states have slightly different employment rules, and nearly all of them have certain exceptions to the employment or at-will employment rule.
Here are some of the common exceptions that you should know about:
Written Contracts
If you have a written contract with your employer, you require a good and just cause for termination. You might be a professional athlete, a high-level executive, or you have an extremely valuable skill set. In this case, you can effectively negotiate away the at-will employment doctrine and get a contract that guarantees a specific type of treatment during termination.
Collective Bargaining Agreement
If you are an employee and part of a union, you have the right of a “just cause” provision before your employer can actually fire you.
Public Entities Employees
Another exception to this rule is for employees who work for public entities, such as the city or the federal government. If you are a public employee, you might be protected by civil service laws and a collective bargaining agreement.
A Written Statement of Guarantee
Another exception can also arise when the employer or employee overrides the at-will employment category. For instance, your employer might send you an email and guarantee that you have a job at their company for the next three years. Such a written statement can prove enough in most cases to remove the at-will employment status.
When is Your At-Will Employment Termination Unlawful?
Now that you know the basics of at-will employment and everything else that falls into this category, let us check out the essential signs that make an at-will termination illegal and require you to get a lawyer on board.
You Are Terminated After Discrimination
Suppose you are terminated for your race or religion, age, gender, or sexual orientation; then you have been discriminated against, which establishes an unlawful termination. If this happens, talk to a lawyer, such as a lawyer for Wrongful Termination Colorado, who can help you collect evidence and get you the compensation that you rightfully deserve.
You Are Fired As A Retaliation
Also, an at-will employment retaliation is unlawful if your company or your lawyer fired you after you complained about something that you were uncomfortable with at your workplace. For instance, if you are a female who has been working at a male-dominant company where you regularly hear inappropriate and degrading remarks as well as sexual comments. You might have talked to your boss about it, and you were terminated a few days later for a baseless reason or no reason at all.
Such retaliation that results in firing after you have reported unethical conduct is essentially illegal, and you can challenge it in court with the help of a wrongful termination attorney.
