Wrongful Termination

Under most circumstances, employment is “at-will” meaning either the employer or employee may terminate the employment relationship at any time and for any reason or no reason, even if unfair. However, there are exceptions to this general rule which prohibit employers from taking adverse actions against employees (including termination). For example, an employer is prohibited from terminating an employee because of protected class status such as age, race, gender, disability, etc.; because the employee exercises a right such as requesting accommodation for a disability or taking medical leave/FLMA; or because the employee engages in statutorily protected speech such as expressing opposition to discriminatory treatment or harassment, reporting unsafe working conditions or other “whistleblowing” activity.

In addition to the above-referenced exceptions to the employment at will doctrine, there are also public policy exceptions that limit an employer’s ability to terminate an employee. Colloquially known as “wrongful termination” or “wrongful discharge,” these laws prohibit an employer from firing an employee for reasons that are not in the interest of the public. For example, an employer may not fire an employee who refuses to break the law, attends jury duty and a finite number of actions.