Working in an at-will state does not mean you lose your legal rights. Your employer may have the freedom to dismiss you at will, but they can’t do anything illegal.
You can sue for wrongful termination in an at-will state if the reason for dismissal violates state or federal law. Even in at-will states, you can’t be fired for practicing your legal rights. Discriminatory dismissals also remain illegal.
This article explains the definition of at-will employment, situations when termination can be considered wrongful, and what rights you have as an employee. It also covers what to do if you have been wrongfully terminated, what evidence you need, and when to contact a lawyer.
What Is At-Will Employment?
At-will employment is the principle that an employer may dismiss or fire an employee for any reason, at any time, without notice. There is only one limitation: “any reason” does not include illegal reasons. For example, breaching an employment contract, discrimination, or dismissals that break federal or state law. In the U.S., 49 out of 50 states follow the at-will employment doctrine.
What Exceptions Make an At-Will Termination a Wrongful Termination?
Although at-will employment generally allows employers to dismiss employees without cause, some exceptions apply. The following list describes situations where at-will employees can sue for wrongful termination.
Discrimination
It is illegal for employers to terminate an employee based on their race, religion, gender, age, disability, or other protected characteristics outlined in CA Gov. Code § 12940. Federal law also prohibits workplace discrimination. Being fired because you’re pregnant counts as discrimination. Beware of employers using vague language to disguise discriminatory dismissals.
Retaliation
Employers can’t retaliate against employees for exercising their legal rights. Firing someone for engaging in a protected activity, such as filing a complaint or reporting a safety concern, is still considered wrongful termination in at-will states. Other protected activities include reporting harassment or wage violations, or taking protected medical leave.
Breach of Employment Contract
An employer may be liable for wrongful termination if the dismissal violates the terms of a written or implied employment contract. For example, if your contract states that the employer must provide a specific notice period before dismissing you, firing you on the spot is a breach of that contract.
Even if you didn’t sign a written contract, you may still be able to claim wrongful termination if an implied contract was in place. For example, when an employer makes verbal promises to you or has a history of firing people only for good cause. Employee handbooks and discipline policies (ie: a warning system) can also limit the employer’s ability to fire people at will.
Violation of Public Policy
An employer can’t fire you for taking time off to perform a legally protected civic duty such as voting, jury duty, or reporting a crime. Doing so is grounds for a wrongful termination claim. Public policy violation laws differ by state. For example, employees can request time off to vote under California Elections Code § 14000.
Whistleblower Protection
Employees who report fraud, workplace safety violations, healthcare fraud, financial misconduct, or other illegal activities may be protected under federal or state whistleblower laws. These protections prevent your employer from retaliating against you when you report unlawful conduct. Being fired for reporting something illegal is wrongful termination.
What Should You Do After Being Wrongfully Terminated?
You should collect as much evidence as you can after being wrongfully terminated to help you pursue a legal claim. What you do immediately after the termination can significantly impact the outcome of your claim. It’s important to act quickly and with purpose.
- Request the reason for termination in writing from your employer.
- Download (to a personal device) or print your employment and communication records. Keep pay stubs, performance reviews, employee handbooks, offer letters, emails, and texts.
- Document the circumstances surrounding the termination while your memory is fresh. Make a detailed timeline including the exact words used during meetings.
- Avoid signing agreements without understanding their terms.
- Check the filing deadlines for the type of claim you want to file. Federal employees and those filing discrimination claims under the EEOC have shorter windows to sue.
- File for unemployment benefits right away and start applying for new jobs. This helps show you actively tried to “mitigate the damages” by looking for work.
- Consult a wrongful termination lawyer to evaluate your claim.
What Evidence Do You Need to Prove Wrongful Termination?
To sue for wrongful termination in an at-will state, you need evidence that your dismissal was unlawful. Preserving the following documents can help you prove that your employer violated federal or state law.
- The full employment contract signed by you and the employer. If you don’t have a contract, you can provide your offer letter and other written promises of job security.
- Employee handbooks and other documents that mention policies around company conduct, discipline, discrimination, and dismissals.
- Historical performance reviews showing your good track record at work.
- Emails and texts showing discriminatory remarks, sudden changes in tone, or discussions around your performance or taking time off.
- Witness statements from co-workers, clients, and former employees regarding how you were treated at work and how management handled dismissals.
- Any HR complaints you submitted regarding safety, discrimination, harassment, or wages.
- A termination letter from your employer clearly stating the reason for termination.
- Records of participation in protected activities, for example, a jury duty summons.
When Should You Contact a Wrongful Termination Lawyer?
You should contact a wrongful termination lawyer if you believe you were fired for an illegal reason, such as discrimination, retaliation, breach of contract, or participating in a protected activity. It’s recommended to contact a lawyer as soon as possible. Acting quickly helps you avoid missing legal deadlines and preserve evidence related to your case.
An attorney will help you review the evidence and explore your options for submitting a claim. When legal action becomes necessary, your lawyer can negotiate on your behalf to protect your rights.
How HHJ Trial Attorneys Can Help With Your Wrongful Termination Claim
You can sue for wrongful termination in an at-will state if the reason for your dismissal violates the law. Discrimination, retaliation, breach of contract, and violation of public policy or whistleblower protections are all valid grounds for a wrongful termination claim. If you believe you’ve been wrongfully terminated, you should start collecting evidence and contact an attorney immediately.
HHJ Trial Attorneys can help you review the circumstances of your termination, identify potential violations of employment laws, gather supporting evidence, and advise you on your legal options. We can also negotiate with your employer on your behalf to pursue compensation for unfair dismissal. Schedule a free consultation with us to start planning your next move.
