{"id":357811,"date":"2016-04-04T10:45:29","date_gmt":"2016-04-04T15:45:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/losing-a-job\/wrongful-termination.html"},"modified":"2024-09-11T17:07:42","modified_gmt":"2024-09-11T22:07:42","slug":"wrongful-termination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/losing-a-job\/wrongful-termination.html","title":{"rendered":"Wrongful Termination Law"},"content":{"rendered":"\n
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Wrongful Termination Law<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The legal definition of wrongful termination is quite specific. Wrongful discharge requires that your employer fire you for an illegal reason. This could involve a violation of federal anti-discrimination laws or a contractual breach.<\/p>\r\n

For instance, a company cannot fire an employee because of race, gender, ethnic background, religion, or disability. It is also illegal to fire someone because they lodged a complaint against their employer or acted as a whistleblower<\/a>.<\/p>\r\n

Such adverse actions are retaliation and are unlawful. This section explains the meaning of at-will employment and also describes how to determine if you have an implied employment contract<\/a>. In addition, this article discusses the elements of wrongful termination<\/a> and how to file a claim against your employer.<\/p>\r\n

At-Will Employment<\/h2>\r\n

Every state but Montana has at-will employment<\/a>. This means two things:<\/p>\r\n

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  1. Your employer can fire you at any time, for any or no reason.<\/li>\r\n
  2. You can quit your job anytime and for any reason.<\/li>\r\n<\/ol>\r\n

    At-will employers may fire at their discretion. For example, an employer may fire an employee for violating a policy in the employee handbook or for consistently being late. Neither of these would be examples of wrongful termination.<\/p>\r\n

    An exception to this rule is that your employer cannot fire you for an illegal reason. For example, it’s illegal to terminate someone:<\/p>\r\n