Issues Involving Wrongful Termination in At Will Employment

At will employment is an agreement that allows employers to terminate workers without a cause while permitting employees to leave their job any time if they want to.

According to Los Angeles attorneys, it is always presumed that a person is an at will employee from the moment he takes a job unless there is a written contract or oral statement that shows otherwise.

While this agreement gives employers the right to terminate workers even without a cause, they may still face lawsuits and claims if the termination violates the US Labor Code.

DISCRIMINATION AS BASIS FOR TERMINATION

Even at will workers are protected from employment discrimination based on gender, age, race, national origin, color, pregnancy, disability, and religion as stated in a federal law.

Meanwhile, some states and cities have a broader definition of discrimination. For example, it is considered unlawful to discriminate workers based on their sexual orientation in California.

It is generally presumed that anything that is not job-related is considered discrimination such as political belief and accent.
RETALIATION AS A REASON FOR TERMINATION

All workers enjoy a civil right that allows them to report unsafe work practices, illicit activities of their employers, discriminatory practices in the workplace, and other violations of the federal and state law. This means that they are protected from unfair termination on the basis of retaliation.

If employers terminate a worker who reports to authorities some illegal activities of their companies, they will be held liable for wrongful termination even if the worker has signed an at will employment.

TERMINATING EMPLOYEES BECAUSE OF THER ALIEN STATUS

It is considered illegal to terminate workers based on their alien status, unless their employers can prove that they are illegal workers. Under the federal Immigration Reform and Control Act (IRCA), a non-US citizen who is allowed to work in the country cannot be terminated on the basis of his alien status.

FIRING WORKERS WHO REFUSE TO TAKE A LIE DETECTOR TEST

Under the Employee Polygraph Protection Act which covers most private employers, it is illegal to use any lie detector test during the pre-employment process and during the course of employment. This means that if a worker or applicant refuses to take this test has been discharged or not hired, the employer clearly violates the federal law and is liable for lawsuits and claims.

However, not all employees are covered by this Act. According to the US Department of Labor, people who are employed by the state, local, and federal governments are not covered by the Polygraph Protection Act.

Also, some private individuals who are engaged in national security activities are not affected by this law.

TERMINATION THAT VIOLATES PUBLIC POLICY

• It is illegal to terminate workers who report to authorities the illegal activities and violations committed by their employers.

• It is unlawful to terminate employees who practice their civil rights such as filing a worker's compensation, using their medical leave, and filing complaints for sexual harassment.

• It is unlawful to fire employees for performing their legal obligations such as testifying before a court and serving as members of a jury.

• It is illegal to fire employees based on discrimination.

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