If you want a flavor of how little protection you have at work, read Lewis Maltby’s book Can They Do That?
Most employees I see who have been fired unfairly know about the At Will Employment Doctrine, otherwise known as the At Will Rule. The rule says that an employer can fire an employee for any reason or no reason.
But employees think the At Will Rule does not apply to their situation. Usually they are wrong.
The right way to look at your job and the At Will Rule is to ask this hypothetical question: Can my employer fire me because it’s Monday? That’s right. It sounds stupid because no employer would do that; not a sane one. Now, answer the question! If you said “no, they can’t do that” you have to answer the next question. “Why not?”
What is it about your job situation that prevents your employer from firing you because it’s Monday?
The basic At Will Rule says your employer CAN fire you because it’s Monday. But there are exceptions to the rule, including:
- Breach of Contract
- Discrimination based on age, gender, race and disability
- Retaliation for filing an EEOC, OSHA or Workers Compensation claim
If you think your firing was illegal, talk to a lawyer who represents employees.