We Serve Clients Throughout California and Beyond.

Can at-will employees be wrongfully terminated? 

On Behalf of | Jul 11, 2024 | Employment Law

Some workers have contracts. If they are fired in violation of these contracts, it could be a wrongful termination. 

For example, an executive at a business may have a clause stating that they can only be fired for cause. They have to do something wrong or make a mistake that harms the company, and there has to be a clear reason to let them go. If the CEO decides to fire them just to cut costs or because they want to hire someone else, it may be a wrongful termination because that executive did not deserve it.

But at-will employees – the vast majority of workers in the United States – don’t have contracts, and they can be fired at any time. Does this mean they can’t be wrongfully terminated? 

Illegal reasons for termination

While it is true that at-will employees can be fired at any time and for almost any reason, the one stipulation is that the reason itself can’t be illegal. If it is, then it’s still a violation of that employee’s rights and a wrongful termination, even though they have at-will status.

For example, employees have certain protected classes, such as race, age, gender, pregnancy status, religion, national origin and much more. Employers are prohibited from using these as the reasons for termination. If an employee converts to a new religion and gets fired because of it, for example, that could still be a wrongful termination, even though they were an at-will employee and did not need to be fired for cause.

Employees’ legal options

As such, contractual employees and at-will employees may believe they have been wrongfully terminated. Those who do need to look into all of the legal options at their disposal.