What are my rights with “at will” employment?
Under federal law, and the laws of most states, employment is considered to be “at will.” Unless there is a contract stating otherwise, employment is voluntary for both employers and employees. This allows an employer to terminate the employment relationship whenever it wants. The employer must, however, show “good cause” for the termination. Good cause includes employee performance problems, employee wrongdoing,economic hardship of the employer, or any other legitimate business reason.
At-will employment also means that an employee can quit at any time, unless the employee is bound by a contract.
Although it is not always a simple matter to determine whether wrongful termination has occurred, termination based on discrimination or retaliation is clearly ILLEGAL. For example, employers cannot terminate employment based on gender, race, creed, religion, or any other clearly discriminatory reason. This is considered to be Employment Discrimination. Similarly, employers may not terminate employment because an employee reported illegal activities of the employer to the appropriate authorities, or because an employee refused to commit an illegal action at the behest of the employer. Termination in such circumstances is referred to as “retaliatory,” and is not permitted under Whistleblower Protection law.