Free Wrongful Termination FAQs | Free Wrongful Termination Legal FAQs

Can I Be Fired From Work For No Reason?

Tue, 06 Nov 2007 20:42:59 GMT

Generally, yes. The general rule is that unless there is an agreement stating otherwise, all employees are considered “at-will" employees. As an “at-will" employee, you can be fired for any reason, or no reason at all. For example, if your boss wants to fire you so that his boss’ sister can take your position, then he can without consequence. However there are a number of exceptions to this rule. Common exceptions to the “at-will" employment rule are:

a contract or collective bargaining agreement between the employer and employee providing that the employee cannot be fired without good cause;
termination that violates public policy (discrimination, retaliation, etc.); and
termination that results after the employee’s reasonable reliance on the job offer when the employer knows the employee has had to quit another job, leave school, or move closer to the job.

What Is "good Cause" For Being Terminated?

Fri, 13 Jun 2008 13:42:49 GMT

If there is an agreement that protects you from being fired without “good cause,” then before the employer terminates you, the employer must be able to show some legitimate reason for the termination. The most typical form of “good cause” is poor work performance or some sort of misconduct at work. For example, if an employee regularly does not perform their job requirements, then the employer probably has the right to terminate the employee with good cause. If however, the employer terminates the employee because he or she does like the employee, then there is no good cause.

When Does Termination Violate Public Policy?

Mon, 30 Jun 2008 03:58:20 GMT

If termination was the result of some retaliation or discrimination, then the termination may violate public policy and the employee may be able to take legal action against the employer. Some examples of terminations that are against public policy include:

discrimination on the basis of race, national origin, sex, pregnancy, religion, disability, age, marital status, or sexual orientation;
discrimination or retaliation for seeking a reasonable accommodation for a disability;
discrimination or retaliation for having complained about discrimination or unlawful harassment;
retaliation for taking a medical leave of absence;
discrimination or retaliation for complaining about workplace safety;
discrimination or retaliation for filing for workers’ compensation; and
retaliation for having complained to the employer, or to a government agency about the unlawful activities of the employer.

Does My Employer Have To Give Me Notice Before I Can Be Fired Or Laid Off?

Fri, 27 Jun 2008 20:43:59 GMT

It depends. If you are considered an “at-will” employee, your employer can terminate your employment without notice. However, if you have an employment contract, or if you are a union member covered by a collective bargaining agreement, you may be entitled to certain notice prior to termination of employment under the contract or bargaining agreement. Also, in some situations, the WARN Act provides for notice to workers prior to certain plant closings and mass lay-offs. Finally, in addition to federal laws, there may be certain state laws requiring notice to employees prior to termination or lay-off.

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