Exceptions to the Employment at Will Doctrine

The employment at will doctrine is a common law principle that allows employers to terminate employees for any reason, with or without notice. However, there are several exceptions to this doctrine that can protect employees from wrongful termination.

Discrimination

Under federal law, employers cannot terminate employees based on protected characteristics such as race, sex, age, disability, national origin, religion, or pregnancy status [2]. This means that an employer cannot fire an employee because of their race, sex, age, disability, national origin, religion, or pregnancy status.

Retaliation

It is unlawful to terminate an employee in retaliation for reporting discrimination or engaging in other protected activities. For example, an employer cannot fire an employee for filing a complaint with the Equal Employment Opportunity Commission (EEOC) or for participating in an investigation of discrimination.

Public Policy Exception

Some states have a public policy exception that prohibits employers from terminating employees in violation of well-established public policy. For example, an employee may not be terminated for filing a workers’ compensation claim after an on-the-job injury.

Implied Contract Exception

In certain situations, an employee may have an expectation of a fixed term or indefinite employment based on something the employer has done. This can include employer statements, a practice of only firing employees for cause, or assertions in the employee handbook regarding termination procedures.

Implied Covenant of Good Faith and Fair Dealing

Some states recognize an implied covenant of good faith and fair dealing in employment relationships. This means that an employer may not terminate an employee in bad faith or with malicious intent.

Citations

[1] https://www.law.cornell.edu/wex/employment-at-will_doctrine

[2] https://joinhomebase.com/blog/at-will-employment-exceptions/

FAQs

What is the employment at will doctrine?

The employment at will doctrine is a common law principle that allows employers to terminate employees for any reason, with or without notice.

What are the exceptions to the employment at will doctrine?

There are several exceptions to the employment at will doctrine, including:

• Discrimination: Employers cannot terminate employees based on protected characteristics such as race, sex, age, disability, national origin, religion, or pregnancy status.
• Retaliation: It is unlawful to terminate an employee in retaliation for reporting discrimination or engaging in other protected activities.
• Public Policy Exception: Some states have a public policy exception that prohibits employers from terminating employees in violation of well-established public policy.
• Implied Contract Exception: In certain situations, an employee may have an expectation of a fixed term or indefinite employment based on something the employer has done.
• Implied Covenant of Good Faith and Fair Dealing: Some states recognize an implied covenant of good faith and fair dealing in employment relationships. This means that an employer may not terminate an employee in bad faith or with malicious intent.

Can an employer fire an employee for any reason?

No, employers cannot fire employees for any reason. There are several exceptions to the employment at will doctrine that protect employees from wrongful termination.

What should I do if I believe I have been wrongfully terminated?

If you believe you have been wrongfully terminated, you should contact an employment attorney to discuss your legal options. You may be able to file a lawsuit against your employer for wrongful termination.

What are some examples of wrongful termination?

Examples of wrongful termination include:

• Being fired for a discriminatory reason
• Being fired in retaliation for reporting discrimination or engaging in other protected activities
• Being fired in violation of a public policy
• Being fired in breach of an implied contract
• Being fired in bad faith or with malicious intent

How can I protect myself from wrongful termination?

There are several things you can do to protect yourself from wrongful termination, including:

• Know your rights. Be aware of the exceptions to the employment at will doctrine and your rights as an employee.
• Keep a record of your work performance. This includes positive feedback from your supervisors, awards, and any other documentation of your job performance.
• Be aware of your employer’s policies and procedures regarding termination. Make sure you follow these policies and procedures if you are ever terminated.
• If you believe you have been wrongfully terminated, contact an employment attorney immediately.

What are the remedies for wrongful termination?

If you are found to have been wrongfully terminated, you may be awarded several remedies, including:

• Back pay
• Front pay
• Reinstatement
• Compensatory damages
• Punitive damages