At-Will Employment and Wrongful Termination

I have an Employment Contract. Am I considered an at-will employee?

If you have entered into a contract with your employer that requires you to continue employment for a specified length of time, you are likely not considered an at-will employee. This would allow for greater protection from wrongful termination or demotion. Whether you are an at-will employee or not will depend on the language of the contract. If you have an employment contract and feel you were wrongfully terminated, contact an employment law attorney at Miller and Falkner so that they can review your employment contract and determine what rights are available to you.

What is a Wrongful Termination?

There is no individual law that defines wrongful termination. Wrongful termination is a broad description for terminations that are in violation of any number of state and federal laws. While many terminations are unfair, this does not necessarily mean that it is a “wrongful termination” in regards to being unlawful.

When is a Termination "Wrongful"?

Illegal reasons for termination include:

  • Termination or demotions which are in violation of federal and state anti-discrimination laws;
  • Sexual harassment that leads to termination or demotion;
  • Termination in retaliation for an employees use of Family Medical Leave or Workers Compensation;
  • Termination that violates an oral and written employment agreement;
  • Termination that violates a collective bargaining agreement; and
  • Termination in retaliation for an employee's assertion of their rights under various statutes, including federal and state anti-discrimination laws.