Fired for No Reason: The Concept of At-Will Employment

What is at-will employment?

At-will employment means that the employee or the employee can end the employment at any time with or without cause.

For-cause terminations must be for a "a fair and honest cause or reason, regulated by good faith on the part of the employer."

How will I know if I am an at-will employee?

Generally, your employment agreement will state it. Usually, there is a paragraph in your new-hire paperwork that says something like this:

"I acknowledge that my employment is at will and for no specific duration. Either I or the company may terminate my employment at any time, with or without cause or prior notice. My employment-at-will status cannot be changed except in a writing signed by the president of the company.”

Note that in California, employees are presumed to be “at-will” unless the parties agree to otherwise or an exception to “at-will” employment applies

Exceptions to At-Will Employment

• Public-sector employees, most of whom are protected by civil service laws and/or by a "memorandum of understanding" between their union and the agency that addresses discipline and termination.

• Employees represented by unions and covered by a collective bargaining agreement that contains a "just cause" standard for termination.

• Employees who have written employment contracts requiring "good cause" for termination.

• Employees whose employers have said or done things that overcome the presumption of employment at will.

What Can't My Employer Fire Me For?

Your employer cannot fire you for an illegal reason.

This means your employer cannot fire you for a discriminatory or retaliatory reason.

• Discriminatory reasons for termination including terminating someone because of their protected class, i.e. their age, gender, race, disability, sexual orientation, etc.

• Retaliatory reasons include terminating an employee for making a complaint of discrimination and/or harassment based on a protected class or for raising a concern of illegal or fraudulent practices at the workplace (whistleblower retaliation).