When is a Job Termination Considered Wrongful in Alaska?
In Alaska, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is important that you know how your work setup is classified. Generally, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Alaska?
Discrimination is the most common illegal grounds for terminating an employee in Alaska. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer in Barrow also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, employers are prevented from firing an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a Alaska Attorney for My Wrongful Termination Case?
Local Barrow, Alaska lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.
