In Alaska, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. The only exception to "at-will" employment is that the employment can not be terminated in a manner that breaks the law.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is essential 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 an Alaska at-will employment, discrimination is the most common unlawful 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 barred 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. Finally, employees are protected from being terminated 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 collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.