Some, if not most, employees who have yet to go through the experience, are under the impression that any and every unfair employment discharge amounts to wrongful termination. That’s a myth.
Wrongful termination is an unfair employment discharge; but, unfortunately for employees, not every unfair employment discharge amounts to wrongful termination, at least not that of the actionable kind.
That’s because employment is “at will” in the U.S., meaning that employment is presumed to be voluntary and indefinite for both employers and employees under common law.
As a result, employers have the right to fire or lay off employees at anytime for any, no or even unfair reasons, pretty much the same as employees have the right to quit their jobs at anytime for any, no or even unfair reasons.
However, even though employment is at will, employers may not violate specific state or Federal laws, public policy or constitutional provisions, or breach employment contracts when discharging employees.
If an employer does so anyway, then that’s when an unfair employment discharge is likely to be actionable wrongful termination.
See the article “Wrongful Termination” for more information, including examples. Consult an attorney for legal advice.
