For protected-class employees working in at-will states, the subject of wrongful termination can be a scary one. Learn more about your rights as an employee.
Many employees who believe themselves victims of wrongful termination don’t come out with their allegations if they work in an at-will state. This is because many employees aren’t aware of their rights, and some employers like to keep it that way. Unfortunately, this leaves many workers wondering whether filing a wrongful termination complaint is possible. This article will review employee rights and whether you can be wrongfully terminated in an at-will state.
What Is an At-Will State?
All states in the United States, including Washington D.C. and excluding Montana, are at-will employment states. This means that unless stated in an employee’s contract, an employer has the right to terminate an employee without cause or notice. In addition, an employer may change hours, wages, and benefits at any given time, without notice or reason, which is why every employee must keep and read over their contract.
What Is Wrongful Termination?
Wrongful termination is when an employer fires an employee of a protected class, such as race, gender, sexuality, age, or religion, or fires an employee due to revenge, retaliation, or unreciprocated advances. It is important to note that there is no single wrongful termination law; instead, several federal and state laws exist. It is also critical for you to review state laws regarding wrongful termination, as they can vary greatly.
Can You Be Wrongfully Terminated in At-Will States?
In short, you can be wrongfully terminated in at-will states if it is determined that an illegal act occurred. The only issue lies in the differences between state laws and what they define as instances of wrongful termination. If you believe you were wrongfully terminated due to discrimination, retaliation, or any other illegal situation that your state stipulates, you can pursue litigation against your employer.
Suing for wrongful termination is a complex process, and it is best to contact the appropriate legal representative and file a complaint with the Equal Employment Opportunity Commission (EEOC) as soon as possible so you don’t miss your legal window to press charges and get the best representation possible.