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Employment Law Basics: When is a Termination Unlawful?


Most of us can quit our jobs at any time, for any reason. Our employers also have the right to fire us at any time for (almost) any reason. That is what it means to be an “at will employee.” By contrast, an employee who has a contract specifying that she will work for a company for specific time period is not “at will.”

A boss can fire an at-will employee for (almost) any reason or for no reason at all. (Just as an employee can quit for any reason or for no reason at all.) The law does not protect a worker from being fired just because the boss doesn’t like him. The law doesn’t protect against a stupid management decision, like firing a productive or experienced worker who is really contributing.

The law does protect against certain types of firings, however. So long as you can do the job, your boss can’t fire you because of your:
• race
• sex or gender (and that includes firing you because you are, or might become, pregnant)
• country of origin
• religion
• age (if you’re at least over forty – this doesn’t protect young people against discrimination based on their age)
• disability
• status as a veteran
or because you tried to enforce your rights under the civil rights laws. For more information about anti-discrimination protections, click here.

The law may also protect you if you were fired:
• in violation of rights you have under the First Amendment to the U.S. Constitution.
• because you were called for jury duty.
• in retaliation for exercising your union or "collective action" rights.
• in retaliation for taking leave under the Family and Medical Leave Act.
• in retaliation for filing a Worker’s Compensation claim.
• because of your service in the military.
• because you refused to break the law or because you reported a violation of the law to your employer.

If you think you have been wrongfully terminated, you should contact an attorney, who will review with you the specific details surrounding your firing and advise you whether they spell “wrongful termination.”

Please note that this article is a general summary of law and omits many important details, footnotes, and caveats. It is no substitute for legal advice from a lawyer based on your particular circumstances. For more information or to speak with a lawyer, please call us at (301) 656-6905 or send us an email at mail@lsslawyers.com.

Lippman, Semsker & Salb is proud to offer excellence in lawyering combined with reasonable fees and personal attention.



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