Wrongful Termination

An employee can be legally fired at any time for any reason, unless they are being discriminated against (depending on the state), or if the firing is in retaliation, or if the firing goes against a

to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin…”(EEOC, n.d.).

The company has the right to terminate an employee as long as the termination does not discriminate or

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

legal issues and be fined if they refuse time off without a good reason. Time off cannot be

In a wrongful termination case, the terminated employee must prove more than having been treated unfairly, s/he must be able to prove one or more of his/her legal rights were violated” (Wrongful Termination Website, 2011). Employees in many states are at a disadvantage, possessing few rights, because of the employment at will rule, meaning employers can fire employees at any time and for no reason at all, just like employees can quit any time and for any reason. This makes the definition of wrongful termination extremely narrow.

The U.S. Equal Employment Opportunity Commission ensures that people are not discriminated against in the work place for things such as their race, gender, disability, age, religion, or color. EEOC also protect people that have filed a complaint. You cannot be terminated because you have filed a complaint or a lawsuit (“About the EEOC:Overview, n.d.). Www.eeoc.gov provides information for any situation pertaining to employment. Their services may be needed because of being fired, denied employment, or denial of a promotion. Whatever the need, EEOC have laws to protect those in the labor force.

A wrongful discharge case is a major exception to at-will employment. There is a Common Law of the exceptions to a wrongful discharge case to At-Will Doctrine includes terminations that violate state policy. It also includes termination after the creation of an implied contract of employment. Furthermore, termination of service in violation of an implied covenant involves good faith and fair dealing. Moreover, unlawful termination includes termination that violates federal, local, or local laws to combat discrimination.

In the state of Maryland, all employment is considered “at-will”. From the text, the definition of at-will employment is employers have the “…discretion to fire employees ‘for a good reason, bad reason, or no reason at all.’” (Halbert & Ingulli, 2012) From Maryland’s Department of Labor, Licensing, and Regulation, employment at will is defined as “In Maryland, employees work "at the will" of their employers. This means, in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason -- whether fair or not -- or for no reason at all.” (https://www.dllr.state.md.us/labor/wagepay/wpatwill.shtml) Because of the employment at will doctrine, people risk losing their jobs for

According to the at-will doctrine, “all employee relationships are presumed to be “at-will” in all U.S. states except Montana (National Conference of State Legislatures).” This means an employee can be terminated by their employer for no reason or for any reason without incurring any legal liability, unless it is an illegal reason, and as it seems any accusations Allen tries to use to terminate his employees would not be upheld by the law.

California is an at-will employment state, meaning an employee can be terminated at any time, with or without cause. Yet, some employers get surprised when an employee resigns then comes back to sue for wrongful termination.

The United States Equal Employment Opportunity Commission, otherwise known as the EEOC, is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or employee because of the person’s race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age if 40 or older, disability or genetic information. This also protects individuals who have previously filed a complaint or charge related to discrimination or because of personal involvement in an investigation or lawsuit concerning employment discrimination. This coverage includes employers with 15 employees, but that number changes to 20 employees in age discrimination cases as well as labor unions and employment agencies. The laws concerning EEOC apply to all types of situations; hiring, firing, promotions, harassment, training, wages and benefits.

The Labor Code Law under Title VII of the Civil Rights Act of 1964 forbids discrimination in the workplace based on color, race, national origin and religion (U.S. Equal Employment Commission, 2016). According to U.S. Equal Employment Commission a “willful violation of this law shall be punishable by a fine of not more than $100 for each separate offense” and “penalties are capped based upon the size of the employer of up to 100 employees to $50,000” (2016). Violators of the Civil Rights of 1964 Act may face “penalties including back pay, front pay, compensatory damages, punitive damages, attorney’s fees, and injunctive relief” (United States Department of Labor, 2016).

Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also

Employment-at Will. Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer’s actions were legal?