Except in Montana, all employees are considered “at will.” This means an employee can be fired at any time without any explanation, and an employee can leave at any time without explanation. You may be able to claim breach of contract if you have a contract or other documentation which tells you that you won’t be fired unless “good cause” is presented. If you don’t have any written contracts or other documentation, you may be able to claim you aren’t an at-will employee.
Occasionally, courts will find an implied employment contract based on statements made by the employer, but this is a more difficult argument to prove. Employers do not usually promise continued employment. After being fired, it may be possible to sue for breach of implied contract if the employer implements a progressive discipline policy or specifies the employment period.
At-will employment is generally subject to major legal exceptions, and in those instances, the employee may sue for wrongful termination. Wrongful termination happens if:
- If an employee is terminated for illegal reasons, such as discrimination based on protected characteristics;
- A public policy violation results in an employee’s dismissal;
- In violation of company policy, an employee is let go.
- You cannot be fired for complaining to Human Resources about sexual harassment, for instance.
You may also be able to bring a Wrongful termination Los Angeles lawsuit if you were fired for being a whistleblower or for refusing to commit an illegal act. A physician’s office might ask you to falsify documents so that they can be submitted for Medicare reimbursement. You cannot be fired if you refuse to commit fraud against the government and bring a qui tam whistleblower lawsuit.
If Your Termination Was Wrongful, What Do you Need to Prove?
If you were fired for a wrongful reason, you may have recourse depending on what you have to prove. Your employer cannot fire you in violation of a public interest in most states. For example, complaints of discrimination are a public interest. As a result, employers cannot retaliate against you by firing you for filing a discrimination claim. In most states, public policy can only be enacted through legislation or a state constitution. You may also rely on public policies expressed in administrative rules, codes of ethics, or social ideas of public good in some states.
Public policy exceptions to at-will employment are divided into four categories: refusing to perform an act prohibited by state law, reporting a legal violation, engaging in acts that are in the public interest, or exercising a statutory right. Refusing to engage in Medicare fraud, for example, would involve refusing to commit an illegal act. Public policy also protects reporting unlawful behavior.
It would be illegal to fire you for reporting Medicare fraud, for example. Participating in jury duty is an example of engaging in public interest activities. A worker’s compensation claim is an example of exercising a statutory right.
Is Unemployment Compensation Available to You?
Under state law, you may qualify for unemployment benefits if you are wrongfully terminated. During the time that it takes to litigate for wrongful termination, unemployment insurance benefits may help you get back on your feet. States have different standards for filing for unemployment benefits. If, however, you were fired for “misconduct,” you may not be eligible for unemployment benefits. This could include theft, lying, or failing a drug or alcohol test.