Employees "At Will" Can Still File a Wrongful Termination Lawsuit

For some employees, the workplace may seem like a battlefield – one wrong move or even if they just get on the bad side of management for personal reasons and they are left at the mercy of the executioner’s axe. But for most at-will employees, it is almost too easy to lose their jobs as the security of their tenure rests upon the will of the employer. Their boss or supervisor is free to discharge individuals for a good cause, a bad cause, or no cause at all. Employers however, are not omnipotent and they can’t escape liability should they fire employees for illegal or unlawful reasons. Even employees at will whose rights have been violated by their illegal discharge may file a case for wrongful termination.

"At Will" Employmees May Still Bring Wrongful Termination Claims

Employees at will may file a claim for wrongful termination should the basis for their discharge be for an unlawful cause. Under the law, grounds for wrongful termination are the following:

Discrimination at Work

It is unlawful to terminate employees on the basis of protected traits such as:

• Race or color
• Ethnicity or national origin
• Disability
• Pregnancy
• Religion or creed
• Age
• Sexual orientation

There are several state and federal laws that prohibit discrimination and protect employees from illegal discrimination based from the grounds cited above.

Breach of Oral and Written Employment Agreements

Employees with contracts which specify a period cannot be terminated in contravention to the original tenor of the contract unless there is an escape clause. Likewise, there are also implied contracts based on employer’s policies, employee handbooks and employee agreements. A case decided by the Supreme Court of California once held that an n employee's chain of promotions, raises, great merit reviews, and verbal assurances of job security are a form of implied contracts.

Violation of Public Policy

An employer may not fire an employee if the employee would be fired based on grounds contrary to public policy. A common example would be the unjust termination of an employee because the employee asked to be paid the minimum wage, or filed for workers compensation or overtime pay.

Retaliation for Labor Law Notifications

An employee cannot be fired for whistle-blowing. Employers may be sued for illegal discharge if they fire an employee who has reported his employer’s illegal activities to proper authorities or if the employee refused to do an illicit activity as ordered by an employer. All workers have inalienable rights regarding unjust termination even employees at will. The cause in employment termination should always be just and reasonable because even if the employment relationship is at will, no employer is above the law.