At-Will Employment: What Does It Really Mean?

Many people, when they think of at-will employment, believe that their employer can kick them out the door for any reason. While this is somewhat true, you can’t get fired for just any reason, and employers would be remiss to do so. If you’re worried about working in an at-will employment state, let’s look at what this term really means and what your rights are. What At-Will Employment Means Ultimately, at-will employment means an employer can fire you without cause or explanation. However, many employees don’t know they can do the same thing. At-will employment is not a one-way street, and if you want to leave, you can do so at any time without reason. Additionally, if your employment contract outlines a specific termination procedure, you and your employer must follow that procedure. For example, if the contract states that your employer must give you three days’ notice before firing you, and your employer doesn’t follow that procedure, that’s grounds for wrongful termination. At-Will Employment Exceptions At-will employment guidelines don’t apply to every single situation, and there are exceptions to the rule. Implied contracts, good faith and fair dealing, as well as public policy, are all at-will-employment exceptions. Implied contracts are agreements that don’t have legal documents to support them, which means employers are not permitted to fire employees at will. Good faith and fair dealing means that your employer can’t fire you simply to get out of doing their duty, such as paying for commissions. You also can’t get fired for a reason that violates public policy or law—such as your employer trying to fire you for refusing to engage in illegal activities. What Are Your Rights? As mentioned, it’s a common misconception that at-will employers can fire you for any reason because this simply isn’t true. Under no circumstances can an employer legally fire you for discriminatory reasons or reasons that fall under wrongful termination. For example, if you got fired for engaging in a protected activity, such as whistleblowing, this is a glaring sign that you were wrongfully terminated from your job. Additionally, if an employer fires you based on your race, ethnicity, gender, sexual orientation, pregnancy status, religion, or disability, this violates federal law and is entirely illegal. As an employee, you still have rights, but if you’re struggling to understand what they are or determine if you’ve been illegally terminated, it’s best to speak to an employment lawyer.

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