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. A Kodiak employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for 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. Lastly, employers may not terminate workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Alaska Attorney for My Wrongful Termination Case?
Kodiak, Alaska lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.