Many employees mistakenly believe that their employers can fire them for any reason. But the reality is more nuanced. Knowing the laws that govern your employment is key to protecting your rights and keeping your job.
What “at-will employment” means
At-will employment generally means that your employer can terminate you at any time without providing a reason. You also have the same freedom, as you can quit your job at any time, for any or no reason, without legal consequences. Crucially, this flexibility has certain limits.
What your boss cannot do
Employers cannot fire you for reasons that may count as wrongful termination. The list of restrictions includes:
- Discrimination: This involves actions based on protected characteristics such as race, sex, age, religion, disability or country of origin.
- Retaliation: This happens when you are fired for reporting illegal activity, filing a workers’ compensation claim or exercising your legal rights.
- Violation of public policy: This includes terminating you for participating in jury duty, voting or refusing to follow illegal orders.
The key is knowing when a firing crosses the line. If it does, you can take legal action.
Protections against wrongful termination
Aside from federal laws, employees are entitled to state-level protections depending on where they work. For example, California offers safeguards against termination when it violates public policy, an implied contracts exist or the employer breaches the covenant of good faith and fair dealing.
Your specific rights depend on your employment contract, termination reason and local laws. Being familiar with these can empower you to identify potential violations.
Pursuing a wrongful termination case
If you file a wrongful termination case, you can recover several types of compensation:
- Back pay: Covers the wages you lost from the day your employer fired you until the court resolves your case, plus missed benefits and retirement contributions.
- Reinstatement: Lets you return to your old job or a similar position.
- Damages: Cover emotional distress, reputational harm and other losses caused by the wrongful termination.
- Attorney fees and costs: In some cases, your employer must pay your legal fees and court costs.
Seeking a wrongful termination case can help protect your financial future and hold employers accountable. By exercising your rights, you can set the example for others to fight for equal treatment in the future.