The United States has many federal and state employment laws ranging from regulation of benefits to employee discrimination. But, just how well do these protect job security and protect people from being fired without merit?

My husbands job was recently threatened, as his superior simply does not like him as a person. He hasn’t had one write-up for anything- work ethic, absences, performance, etc… So, when he told me about this threat to his job security, my immediate reaction was that an employer can’t just fire someone without just cause. That would be a wrongful termination, right?  I assumed that one couldn’t be fired because of something as petty as personality difference when they can‘t be fired just because they are a certain sex or age.  So, I get on the internet to find out exactly what constitutes a wrongful termination. I found out that I have been a naïve idiot about job security in the United States.

Every state in the U.S has adopted “at -will employment” legal concepts. At -will employment essentially means that an employer has the right to terminate an employee without reason, for any reason, and even for an unfair or unethical reason… just as the employee can leave a job the same way. As long as the reason is legal, the employer can fire at-will. This concept is supposed to put employers and employees on an equal ground related to rights.

States recognize certain exceptions in federal and state law to at-will employment to different degrees. While some may recognize all of the existing exceptions others may just recognize federal law exceptions, such as discrimination law. However, an employer must violate either the state exceptions or federal law exceptions for a firing to be considered wrongful termination.

Most Common State and Federal Exceptions:

  • An employee/employer contract or union contract specifically defining the employment termination policy as other than at-will.
  • Violation of federal discrimination laws which prohibit an employee from being fired solely based on- age, creed, sex, disability, race, religion, national origin, military duty, and genetics.  State law may add additional categories such as marital status, sexual orientation, etc..
  • Violation of Public policy. Applies to some degree in 42 states. This exception involves employees fired for whistle blowing  or refusing to perform an illegal job duty. The employer can not fire in retaliation for an employee reporting an illegal activity either. It also involves terminations that undermine the interests of the public for example, a firing because an employee filed for worker‘s compensation.