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?
In a Alaska at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Fairbanks employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Also, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Alaska Attorney for My Wrongful Termination Case?
A local Fairbanks, Alaska attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
