Can You Sue for Wrongful Termination in an At-Will State?

Many have heard the term “at-will” employment, but are unfamiliar with its legal significance. In simple terms, at-will employment means that both the employer and the employee may end the employment relationship at any time, for any reason. The exception is that an employer cannot terminate an employee for a reason prohibited by law. Wrongful termination is really a misnomer, as it is not illegal to terminate an at-will employee for a wrongful, unfair or unproven reason. Instead, wrongful termination lawyers look at whether the termination was for an unlawful reason, such as discrimination, retaliation, sexual harassment, hostile work environment, or violation of the Family and Medical Leave Act (FMLA).

Additionally, certain employment contracts—usually for high-level executives—limit the circumstances in which they may be terminated, such as by requiring advance written notice, or only permitting termination for “cause.” For more information, see Mr. Fidlon’s article, entitled Employment Law 101: What is a ‘Wrongful Termination?’.

The Atlanta wrongful termination lawyers at Fidlon Legal offer an initial case evaluation to review your particular facts and advise you on whether you may have a case for an unlawful, rather than just a wrongful or unfair termination.