February 8, 2012

Employment At Will

The employment at will rule just might be one of the most misunderstood principles in America. We get many calls from people who are amazed to hear that they can be fired at any time and for any reason without any warning.

Just today I spoke to a person who worked for a large company for nearly 20 years and was fired without warning and for no good reason. This person was so upset because she felt that she had the right to be treated fairly especially after spending 20 years at this company. But I had to tell her that her boss had the right to fire her without warning and that no reason was needed to fire her. She could not believe it. I think she hung up and probably called another law firm - but if that firm will tell her the same. The employment at will doctrine means that you can be fired at any time for any reason.

There is a twist of course. Some terminations are illegal. There are illegal only if the employment discrimination laws or other employment laws are violated. For example, a company cannot fire someone based on their sex, disability, age, race, religion, sexual orientation, pregnancy or national origin. A person also cannot be fired for making a complaint about a perceived violation of their rights at work or for certain other safety or fraud related issues. There are several other limitations as well. So employees do have rights but those rights are limited.

Most people think that they have the right to be treated fairly at work and that if they stay with a company for a long time that they some how have greater rights. But this is not true. Fairness is not required by the law and company loyalty does not create any kind of legal right to a job.

If you suspect that you were fired for an illegal reason, please feel free to give us a call. We provide free consultations and we will discuss your case with you for no charge to help you determine if you have a case.