The majority of employment relationships in the U.S. are considered to be “at-will,” meaning the employer or the employee is free to end the relationship at any time, with or without advance notice, and for any reason or no reason at all. However, grounds for a wrongful termination are a major exception to at-will employment.
It is illegal for an employee to terminate an employee when it violates an explicit, well-established public policy of the state. In other words, it is illegal to fire for reasons that society recognizes as illegitimate grounds for termination, such as:
When an implied contract is formed between an employer and employee, the at-will employment rule is no longer applicable. These commonly occur when employers promise permanent employment or employment for a specific period of time, or when employers set forth specific forms of progressive discipline in an employee manual. Implied contracts can be very difficult to prove given that a written document is often not present.
In some states, a covenant of good faith and fair dealing into every employment relationship is required. This means that employer decisions are subject to a “just cause” standard and that terminations in bad faith are prohibited. Some examples include:
Wrongful termination includes terminations in violation of federal, state, or local anti-discrimination laws. It is illegal for employers to fire an employee on the basis of race, color, national origin, gender, religion, age, disability, pregnancy, or genetic information. It is important to note that there are strict time limits and rules that apply to discrimination claims. Contact Us Today If you believe you have been wrongfully terminated, do not hesitate to contact one of our employment discrimination attorneys today at (212) 553-9215.
July 12, 2022
May 6, 2022