Free tool · Labor and Employment Law
Can I Be Fired? At-Will Employment and Its Exceptions
In almost every US state, employment is at will: an employer can dismiss an employee for any reason, or no reason, but not for an unlawful reason. The exceptions include a contract for a fixed term or for cause, a union contract with a just-cause clause, an implied contract from a handbook or promises, dismissal in violation of public policy (such as for refusing to break the law or for jury duty), discrimination, retaliation for complaining about discrimination, wages or safety, interference with family or medical leave, and, in a few states, bad-faith dismissal. Tick what applies to see which exceptions might protect the employee.
Tool · Can I Be Fired? At-Will Exceptions
1 possible route to challenge the dismissal.
Retaliation: Retaliating against an employee for complaining about discrimination, wage violations, safety hazards or for taking part in an investigation is unlawful under Title VII, the FLSA, OSHA, the NLRA and many state laws, even if the underlying complaint turns out to be unfounded, if made in good faith.
- Under the at-will rule, which applies in nearly every state, an employer may dismiss an employee for any reason or for no reason, but not for an unlawful reason. The employee may leave in the same way. Montana is the main exception, with a statute that requires good cause after a probationary period.
- Many of the exceptions have short filing deadlines, and some require using an administrative procedure first. Anyone who has been dismissed should seek advice promptly, and keep the records.
In almost every state, employment is at will: an employer may dismiss for any reason, or none, but not for an unlawful reason. Tick what applies and the tool lists the exceptions that might protect the employee (contract, handbook, public policy, discrimination, retaliation, leave, a union contract, good faith and reliance). Simplified; state law varies and deadlines are short. A teaching aid with invented facts, not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Say whether there was a contract, a union agreement or a handbook promise.
- Say whether the dismissal was because of a protected trait, a complaint or leave.
- Say whether it was for refusing to break the law or exercising a legal right.
- Read the possible exceptions, and the notes.
Common questions
Can an employer fire me for no reason?
In most states, yes, if the reason is not unlawful. Unfair is not the same as unlawful.
Can I be fired for complaining about my pay or safety?
Retaliating against an employee for good-faith complaints about wages, safety or discrimination is generally unlawful under federal and state law.
Does an employee handbook create a contract?
In many states it can, if it contains promises of job security or procedures and has no clear disclaimer that employment is at will.
Learn the law behind the tool
This tool is part of our Labor and Employment Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Labor and Employment Law: The Employment Relationship and At-Will.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.