A wrongful termination may still be possible, even if you are an at-will employee. Under at-will employment laws, an employer can fire an employee without having to give them advance notice, and they do not necessarily need to fire them for cause. There is not an employment contract, so the employer can just decide to let that employee go, the same way the employee is free to quit at any time.
However, while a specific reason is not necessary for that termination, an illegal reason still cannot be used. If it is, then it may be a wrongful termination and a violation of the employee’s rights.
What are illegal reasons for termination?
There are some illegal reasons for termination. The first is discrimination. If an employee is fired because of their race, religion, national origin or other protected characteristics, then that could be an illegal termination. Employers cannot discriminate, even if there are no employment contracts in place.
Another example is retaliation if an employee reports illegal activity in the workplace. Say that an employee reports sexual harassment from a manager, but the CEO just decides to fire the employee who made the report. That too could be a wrongful termination because it is a form of illegal retaliation.
Starting a wrongful termination lawsuit
Even if you are an at-will employee, you may believe that your rights were violated when you lost your job, and you may be correct. If that is the case, you likely can pursue legal action. It is very important for you to understand exactly what legal steps you can take at this time.
