Your Job, Your Rights: Can You Get Fired?

Being fired from your job unexpectedly can be a stressful and challenging experience. In the United States, most employment situations are classified as at-will, meaning that employers have the right to terminate employees at any time, for any reason, or even for no reason at all. However, this does not leave employees without rights and protections. If you believe you have been unlawfully terminated, you may have a valid claim for wrongful termination. This includes reasons that are discriminatory, in breach of an employment contract, or in violation of public policy. In such cases, consulting with an attorney and gathering relevant documentation and evidence can help you understand your legal options and build a case against your employer.

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At-will employment

Employees are also afforded some benefits under at-will employment. They have the flexibility to quit at any time for any reason, such as when they are unhappy at work or have been offered a better job.

Despite the benefits, some individuals prefer the added security of a fixed employment term. At-will employment has been criticised for keeping people on the edge of unemployment and increasing employee stress due to the lack of job protection.

While at-will employment is common, there are exceptions. For example, federal law prohibits employers from firing employees for discriminatory reasons, such as race, religion, gender, age, disability, etc. Public policy exceptions also exist, such as prohibiting retaliatory termination or whistleblowing. Additionally, some states have created their own exceptions to the general rule of at-will employment. For instance, some states recognise an implied covenant of good faith and fair dealing in employment relationships, which means employers may not terminate employees in bad faith.

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Wrongful termination

• Discrimination: It is unlawful to terminate employment based on race, religion, gender, age, disability, or color, nationality, sexual orientation, or pregnancy.
• Public policy exceptions: An employer cannot fire an employee for taking time off for jury duty, voting, or military service. Whistleblowers are also protected by law, and it is illegal to fire an employee for retaliation or whistle-blowing.
• Breach of contract: An employer may be in breach of contract if they terminate an employee without warning when a written employment contract provides job security and requires a warning before termination.
• Failure to follow company termination procedures: If an employer fires an employee without following the required procedure outlined in an employee handbook, company policy, or collective bargaining agreement, the employee may have a claim for wrongful termination.
• Constructive dismissal: This occurs when an employee feels compelled to resign due to the employer's violation of the employee's legal rights.

If you believe you have been wrongfully terminated, you can consider seeking legal guidance from a wrongful termination lawyer, gathering documentation and evidence to support your claim, and consulting with a local attorney to discuss the specifics of your situation.

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Discrimination

State laws may offer additional protections against discrimination. For example, in California, the Fair Employment and Housing Act (FEHA) prohibits employers from firing employees for discriminatory reasons. Similarly, Texas employment law prevents employers from firing employees based on protected characteristics, and the Texas Workforce Commission enforces laws that prohibit discrimination.

It is important to note that discrimination can occur not only during the termination process but also during employment. For instance, employers are prohibited from discriminating against employees in social media policies and must provide reasonable accommodations for disabled employees. If an employee believes they have been discriminated against, they can file a report with the Equal Employment Opportunity Commission (EEOC) or consult with an attorney to discuss their legal options.

Public policy violations

In the context of employment, public policy violations refer to instances where an employee is fired for reasons that are considered illegal or go against what is deemed acceptable by societal standards. While specific public policy standards may vary across regions and employment types, certain principles are widely recognised. Here are some examples and relevant considerations regarding public policy violations:

• Exercising Legal Rights: Terminating an employee for exercising their legal rights, such as the right to vote, is a violation of public policy. This includes situations where an employee is dismissed for taking legally guaranteed leave, such as time off for jury duty, voting, or military service.
• Refusal to Participate in Illegal Acts: If an employee is terminated for refusing to engage in illegal activities, it constitutes a public policy violation. This includes refusing to commit illegal acts, such as falsifying reports or submitting fraudulent tax documents.
• Whistleblowing: Public policy protects whistleblowers, who are employees disclosing information about their employer's unlawful or unethical conduct. Whistleblowers are protected by law from retaliation and termination. This protection applies when employees report violations to law enforcement or other relevant authorities.
• Retaliatory Termination: When an employee engages in a protected activity, such as reporting unlawful conduct or exercising their legal rights, and is subsequently terminated in retaliation, it constitutes a public policy violation.
• Immigration and Employment Practices: Terminating employees for reporting their employer's practice of hiring undocumented workers is a violation of public policy. This is grounded in the Immigration Reform and Control Act (IRCA), which aims to protect documented workers from discrimination and unfair competition from undocumented workers.
• Commission and Sales Manipulation: In some cases, employers may terminate employees to avoid paying sales commissions that the employee is entitled to receive. Such actions demonstrate a lack of good faith and may be considered a breach of the implied covenant of good faith and fair dealing.
• Discrimination: While not specifically mentioned in the context of public policy, it is essential to note that terminating an employee based on factors such as race, religion, colour, gender, age, national origin, sexual orientation, pregnancy, or disability is illegal and can lead to a strong case of workplace discrimination.

It is important to remember that public policy violations can vary based on region-specific laws and regulations. Employees who believe they have been wrongfully terminated due to a public policy violation should consult with a lawyer and gather relevant documentation and evidence to support their claim.

Employment contract

An employment contract is an agreement between an employer and an employee, outlining the services the employee will provide in exchange for payment. The contract will also typically include the employee's benefits, duties, and other employment terms, which are negotiated during the hiring process.

There are several types of employment contracts, including:

• At-Will Employment Agreement: This type of contract does not specify a time period commitment by the employer, and they may terminate the employee at any time with or without severance.
• Independent Contractor Agreement: This type of contract is for individuals or entities paid to perform a service, such as contractors, medical professionals, or attorneys. These contractors typically work on a project basis and are paid per project rather than a set salary. They also receive a 1099 tax form and do not have taxes automatically deducted from their paychecks.
• Internship Agreement: This type of contract is for unpaid interns who receive on-the-job training in their field of study.

It is important to note that in some cases, a written employment contract providing job security may require an employer to provide a warning before termination, making it illegal to fire an employee without warning. For example, in the state of California, an employee can be terminated at any time and for any reason, as long as the reason is not unlawful. However, if an individual believes they have been terminated in violation of California work laws, they may be able to file a lawsuit for wrongful termination.

Additionally, there are certain circumstances in which federal or state law requires employers to grant employees a leave of absence, such as for illness or injury. In these cases, the law may prohibit an employer from terminating an employee for taking a leave of absence.

Frequently asked questions