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At-will employment means
that an employee can be fired with or without cause. Fortunately, there are several exceptions to
this rule that may help you keep your job or sue your former employer. So how do you determine if your termination was
legal or illegal?
Wrongful Termination:
- Implied Contract – Any agreement based on things your employer said and did is an exception to the at-will employment rule. Although difficult to prove, implied employment contracts look at the duration of your employment, regularity of job promotions, positive performance reviews, assurances, and promises made when hired.
- Good Faith and Fair Dealing – There are several acts that can be considered unfair. However, not all courts recognize this exception. You may be able to argue this dealing if you were misled about chances for promotions or you were given undesirable assignments to coerce you into quitting.
- Public Policy – You can claim a violation of public policy if you are fired for taking time off to serve on a jury, to vote, or to serve in the military of National Guard.
- Discrimination – It is illegal to fire even at-will employees based on their race, color, national origin, gender, religion, age, disability or genetic information. There are strict time limits and rules regarding discrimination claims.
- Whistle-Blowing Violations – There are laws that protect employees who report illegal activities.
