If you aren’t a contract employee you most likely are an at will employee. These days it seems like we are all at will employees. You may be asking: what is an at will employee? At will employment means that an employer can fire an employee for any reason the employer sees fit as long as it is not for an improper reason. This cuts both ways. Employees are also allowed to terminate their employment at any time for no stated reason.
What about 2 weeks notice? An employee is generally not required to give advance notice before quitting unless such notice is required. Read your employee handbook or company policy prior to giving no notice. Some policies or handbooks require notice and if no notice is given there may be consequences such as forfeiting accrued vacation time. This varies from state to state so make sure you are familiar with your state laws.
Even if you are an “at will” employee, if you are fired for any of the reasons below you may have a claim for Wrongful Termination:
- Discrimination – This includes race, color, gender, creed, national origin, religion and in some states sexual orientation and gender identification.
- Retaliation – This includes whistle-blowing or filing any other claim against your employer.
- Contractual Employee – If you have a contract to work for a specified time frame then you cannot be terminated in this manner.
- Illegal Acts – Refusing to commit illegal acts for your employer are not grounds for termination
- Family and Medical Leave Act – You cannot be fired for taking leave under this act.
- Written Termination Procedures – If your employee handbook or another document outlines termination procedures than those must be followed.
So how do you prove that you were fired because of one of these reasons? Good question. Most, if not all states do not require the employer to state a reason for termination. Proving discrimination or retaliation is often quite difficult without a direct admission or statement to a third party. In cases such as these it is usually a totality of the circumstances that makes the case. For example, if you feel you have been terminated because of your age you may be able to show that the company has an unwritten policy that anyone over the age of 45 is terminated. Or maybe you have emails hinting that your age might be a factor for your “poor performance.”
Many people will tell you that you just know when you have been fired for a specific illegal reason. We have all seen the movie Philadelphia (and if you have not seen it you should). That attorney was obviously fired because he had AIDS but look at the lengths he had to go to trying to prove this obvious fact. If you feel you have been wrongfully terminated contact an attorney.
By Lisa Zanassi
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