Employment at-will is a legal doctrine in U.S. labor law that means either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all, with or without notice, as long as the reason is not illegal (e.g., based on discrimination or retaliation).
Employment at-will does not apply in several important situations where legal protections or contractual agreements override the general rule. Here are the main exceptions to at-will employment:
1. If there’s a written contract (e.g., union agreement, executive employment agreement) that outlines specific terms for termination (like "for cause" only), the at-will doctrine doesn’t apply.
2. Even without a written agreement, courts may find an implied contract based on:
a. Verbal assurances (e.g., “You’ll always have a job here as long as you perform well.”)
b. Company policies (e.g., an employee handbook stating termination will only occur for specific reasons)
c. Long-term employment with repeated promises of job security
3. You cannot be fired for reasons that violate public policy, such as:
a. Refusing to engage in illegal activity
b. Reporting illegal conduct (whistleblowing)
c. Taking time off for jury duty, voting, or military service
d. Filing a workers’ compensation claim
4. Federal and state laws protect employees from being fired for discriminatory reasons:
a. Race, color, religion, sex, national origin (Title VII)
b. Age (Age Discrimination in Employment Act)
c. Disability
d. Pregnancy, genetic information, sexual orientation (in many states and under federal interpretations)
5. It’s illegal to fire an employee for:
a. Reporting harassment or discrimination
b. Cooperating in an investigation
c. Asserting legal rights (e.g., asking for accommodations, taking FMLA leave)
Several states also have their own laws regarding employment-at-will.
If you need advice/help with these issues please contact The Fontana Group.