Unjust Termination of Employment
If an employer fires an employee for spurious or discriminatory reasons, the employee may be able to sue for wrongful termination. Wrongful termination cases can be difficult to prove in court because the employee must demonstrate that the employer acted illegally or disregarded work performance when making his decision to terminate employment.
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At-Will Employment
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If an employee is "at will," meaning that there is no employment contract governing the terms of work, her employer can fire her without notice. However, at-will employees are entitled to the same civil rights as contract employees. Employers cannot fire these employees for discriminatory reasons, such as not liking their race, religion or gender. Employers can fire at-will employees for spurious reasons that are not covered by anti-discrimination laws, but the employee can still sue for wrongful termination if the reason is not related to their work performance.
Public Policy
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Most states prohibit firing employees for reasons related to public policies such as workers' compensation. Thus, employers cannot fire employees because they were injured on the job, because they reported an employer for violating their rights, or because they took Family Medical Leave Act time. Employees are protected from losing their jobs due to these issues by federal laws related to programs such as workers' compensation or FMLA.
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Whistleblower Laws
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Whistleblower laws protect employees from retaliation if they report employer misconduct. To be covered by whistleblower laws, an employee must report the misconduct to an appropriate agency. For example, if an employee alleges discrimination, he must report the employer to the Equal Employment Opportunity Commission. Reporting the misconduct to the news or gossiping about it with friends does not entitle an employee to whistleblower protection.
Employee Handbook
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If the employee handbook outlines a procedure employers must take before terminating employees, such as giving them a verbal notice and three written warnings, some states consider the procedure part of an employment contract. Even at-will employees may be covered by such policies and can then claim breach of contract if the employer fails to follow this procedure prior to terminating the employee. However, if the employee handbook specifically states that the policies it lists are guidelines and not a contract, at-will employees cannot use this strategy to claim unfair termination of employment.
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