The concept of “at-will” employment is the rule in most of the United States, not the exception – and that’s true in this state, as well. At-will employment essentially means that either the employee or the employer can end the employment relationship at any time, with or without “cause” – and with or without notice.
This flexibility is supposed to be a benefit to both parties, since employers can manage their workforce needs fluidly and employees have the freedom to pursue better opportunities whenever they want. In practice, however, it’s given some employers the idea that there are “no holds barred” when they want to fire someone – and that’s not actually true.
A wrongful termination is any unlawful firing
How can a termination be unlawful if an employer can fire you for no reason at all? Wrongful terminations are those done for discriminatory reasons, in violations of a contract (written or implied) and those done in violation of the law or public policy.
Here are some common scenarios that can lead to wrongful termination claims:
- Termination tied to discrimination: A long-time Black employee who has always had stellar employment reviews gets a new White manager. Suddenly her performance evaluations tank, although her work hasn’t changed. She’s given less interesting job assignments, and a promotion is handed to an under-qualified White employee. When she raises the question of possible discrimination with the Human Resources department, she’s suddenly fired for poor performance.
- Retaliatory firing: The employee of a construction company is genuinely appalled at some of the safety violations putting his safety and the safety of his co-workers at risk. He reports the violations to the Occupational Safety and Health Administration (OSHA), as is his right. A few weeks later, he’s fired without explanation.
- Violation of contract: A contractor is hired under an agreement that gives him guaranteed work for two years. Six months into the contract, the company’s goals change and he’s fired without warning. That’s a breach of contract and wrongful termination.
- Violations of public policy: A nurse is asked to falsify patient records to meet certain metrics before a quality review and he refuses for both legal and ethical reasons. He’s fired the next week for no given reason.
As you can see, it is very possible to be wrongfully terminated in an at-will state. If you believe this has happened to you, seeking legal guidance can help you decide your next move.
