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Exceptions to the Employment at Will Doctrine

According to the Bureau of Labor Statistics most employees in the United States can be fired for nearly any reason, unless they have signed a written contract with their employer.

Employees who believe they have been wrongfully terminated often consider filing a lawsuit again their employer. However, since nearly all states have laws on the books regarding employment at will, successfully pursuing a lawsuit may be more difficult than it appears.

There are several exceptions to the employment at will doctrine including public policy, implied contract and covenant of good faith. Understanding these three exceptions is essential to understanding whether you have been wrongfully terminated.

If your termination falls into one of these categories, you may have a better chance of pursing a wrongful termination suit.

One of the most common exceptions to the employment at will doctrine involves public policy. If an employer terminates an employee, and it violates an established governmental policy, it may be considered a wrongful termination. For example, if your employer fires you after you file a worker's compensation claim that could be considered a viable exception to employment-at-will.

You may also have been wrongfully terminated if you had an implied contact with your employer, even if it was not put down on paper. The implied contract could be a result as a past conversation, but be forewarned that implied contracts are notoriously hard to prove unless you have firm evidence.

The last exception is called the covenant-of-good-faith exception but it is only recognized in 11 states. Fired employees have successfully won wrongful termination suits by alleging that their long history of employment and positive job reviews meant that their employer could not terminate them without just cause. Since this exception is only recognized in a handful of states, it rarely results in successful cases.

Employment at will can be difficult to understand, so always speak to an employment lawyer or legal representative if you feel you have been a victim of wrongful termination.

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