Employers: Know the Exceptions to the At-Will Presumptions
We have discussed the concept of at-will employment on this blog before and readers should know that most employment relationships fall into this category. Essentially, it means that the employer and employee are not required to have cause when terminating the relationship.
However, there are some critical exceptions to this rule. If employers are not aware of these exceptions, they could end up facing serious legal problems if an employee files a wrongful termination claim. In this post, we want to remind employers of a few of these exceptions.
What are the exceptions to the at-will presumptions?
Generally speaking, an employee cannot be fired for discriminatory reasons. Employers are not permitted to fire someone based on his or her religion, gender, age, disability or other protected characteristic. Employers are also prohibited for firing someone who is protected as a whistleblower.
If the terms of an employment are specified in an employment contract, the at-will status will typically be modified. If, for instance, an employer has a contract in place with an employee, the employee may be protected by the terms set in that contract if it defines the length of employment or specifies causes for which an employee can be terminated.
Another exception to the at-will presumption could be something as simple as a verbal promise made by an employer. If an employer says to an employee "You'll always have a job here," there may be grounds for that employee to argue wrongful termination. These cases are fairly difficult to prove and are disregarded in many states, but it should remind employers to be careful with making promises that they cannot keep.
There are other exceptions to at-will presumption which is why it can be so crucial for employers to discuss employment and termination policies with an attorney who understands state and federal employment laws. Failure to do this could lead to misguided decisions that could ultimately prove to be quite costly for employers.
Source: National Conference of State Legislatures, "The at-will presumption and exceptions to the rule," accessed on March 10, 2015