Many modern employees in the United States are at-will employees. This essentially means that they are not operating under any employment contracts or agreements that they have signed. They have simply agreed to take a job for as long as they are willing, but they have the right to quit at any time.
Many wrongful termination claims revolve around employment contract breaches. Employees who are fired in violation of their contractual terms may decide to sue their employer.
But for employers who have at-will employees, does this mean that wrongful termination claims are impossible? After all, an at-will employee doesn’t have to be fired for cause and could see their job terminated at any time.
Illegal reasons for job termination
No, it does not. Wrongful termination can still occur, even under at-will employment laws, and it is crucial for both employers and employees to understand how this works.
The key point to keep in mind is that an employer can fire an at-will employee at any time and for any reason, except for an illegal reason.
For example, discrimination based on gender, race, religion, and other protected classes is illegal in the United States. If an employer terminates someone’s position for a discriminatory reason, it can still be considered a wrongful termination. This is true even if the individual was an at-will employee and never had a contract. Their rights have still been violated due to the illegal reason for the termination.
Navigating a dispute
Issues like this can sometimes lead to disputes between employers and employees, and both sides need to understand their legal options and the steps they can take to seek a resolution.