How to Identify at Will Employment Exceptions
Evaluate your employer's reasons for terminating your employment., Look at the circumstances surrounding your termination., Analyze the potential harm to the public., Make sure your state recognizes this exception., Consult an attorney.
Step-by-Step Guide
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Step 1: Evaluate your employer's reasons for terminating your employment.
Under the public policy exception, employers cannot fire an employee for doing something that is in the public interest.
Your employer also can't fire you for refusing to do something that would violate the law or undermine some public interest.It's not common for an employer to openly state a reason for terminating you that violates public policy – but it can happen.
For example, suppose your employer has been sued after a customer slipped and fell.
You saw a spilled drink, but you didn't have time to clean it up.
Your boss tells you that in court you must say the floor was clean and dry, and that if you don't, you'll be fired.
When you testify, you tell the truth about the spilled drink.
The plaintiff wins his case, and you are fired the next day.
Here, your employer directly stated that you would be fired unless you perjured yourself.
Since perjury violates the law, it would fall within the public policy exception to at-will employment. -
Step 2: Look at the circumstances surrounding your termination.
Although your employer may have fired you for a reason that was against public policy, they'll seldom say this straight out.
However, putting the termination in context may provide clues as to the real reason for your termination.An employer may be motivated to get rid of you if you did something that caused them difficulties or cost them money – even if you were in the right to do so.
For example, suppose you reported that your employer was violating health and sanitation regulations.
Soon after a government inspection and investigation, you are terminated – despite the fact that you had several glowing performance reviews and were in line for a promotion.
In that situation, your termination may fall within the public policy exception.
You reported a violation of the law and were fired for it.
This does not promote the common good. , Not all cases that fall within the public policy exception are as straightforward as refusing to violate the law or reporting your employer for violating the law.Where your situation is more subtle, you still may have an argument that you fall within the public policy exception.
For example, suppose you volunteer to be a crossing guard at the local elementary school.
Although this duty doesn't cut into your scheduled hours, it does keep you from being able to stay overtime.
People in your department regularly work an hour overtime each day, although it isn't mandatory.
Your boss fires you, stating that you aren't a "team player" because you hold more value in your volunteer work than in staying at work with everyone else.
In that example, you have a strong argument that your termination falls within the public policy exception.
Our society encourages volunteers, particularly those who help ensure the safety and security of school children. , An overwhelming majority of states recognize some form of public policy exception to at-will employment.
However, just because your state recognizes the exception doesn't mean your situation falls within the bounds of your state's law.There are only seven states that don't recognize a public policy exception at all:
Alabama, Florida, Georgia, Louisiana, Maine, Nebraska, New York, and Rhode Island.
Some states who recognize the public policy exception restrict it to very particular situations, such as a refusal to violate the law or being a whistleblower.
Most states also recognize a public policy exception if you are exercising a legal right, such as filing a workers' compensation claim.
In some states, you must be able to point to a specific state law that directly addresses the reasons for your termination.
That may be a criminal law, or it may be state regulations that give you the right to do something or state that it is illegal to terminate anyone who exercises their rights under that law. , If you believe the reason for your termination falls within the public policy exception to at-will employment, seek legal advice.
You may be able to sue your employer for wrongful termination.The best place to start your search for an employment attorney is the website of your state or local bar association.
There you typically will find a searchable directory of attorneys licensed to practice in your area.
Even if you're not sure whether you want to file a lawsuit, it's still a good idea to explore your options and find out whether you have a case.
Many employment attorneys give free initial consultations.
Take advantage of this to talk to several attorneys so you can find the one with whom you believe you will have the most productive working relationship. -
Step 3: Analyze the potential harm to the public.
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Step 4: Make sure your state recognizes this exception.
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Step 5: Consult an attorney.
Detailed Guide
Under the public policy exception, employers cannot fire an employee for doing something that is in the public interest.
Your employer also can't fire you for refusing to do something that would violate the law or undermine some public interest.It's not common for an employer to openly state a reason for terminating you that violates public policy – but it can happen.
For example, suppose your employer has been sued after a customer slipped and fell.
You saw a spilled drink, but you didn't have time to clean it up.
Your boss tells you that in court you must say the floor was clean and dry, and that if you don't, you'll be fired.
When you testify, you tell the truth about the spilled drink.
The plaintiff wins his case, and you are fired the next day.
Here, your employer directly stated that you would be fired unless you perjured yourself.
Since perjury violates the law, it would fall within the public policy exception to at-will employment.
Although your employer may have fired you for a reason that was against public policy, they'll seldom say this straight out.
However, putting the termination in context may provide clues as to the real reason for your termination.An employer may be motivated to get rid of you if you did something that caused them difficulties or cost them money – even if you were in the right to do so.
For example, suppose you reported that your employer was violating health and sanitation regulations.
Soon after a government inspection and investigation, you are terminated – despite the fact that you had several glowing performance reviews and were in line for a promotion.
In that situation, your termination may fall within the public policy exception.
You reported a violation of the law and were fired for it.
This does not promote the common good. , Not all cases that fall within the public policy exception are as straightforward as refusing to violate the law or reporting your employer for violating the law.Where your situation is more subtle, you still may have an argument that you fall within the public policy exception.
For example, suppose you volunteer to be a crossing guard at the local elementary school.
Although this duty doesn't cut into your scheduled hours, it does keep you from being able to stay overtime.
People in your department regularly work an hour overtime each day, although it isn't mandatory.
Your boss fires you, stating that you aren't a "team player" because you hold more value in your volunteer work than in staying at work with everyone else.
In that example, you have a strong argument that your termination falls within the public policy exception.
Our society encourages volunteers, particularly those who help ensure the safety and security of school children. , An overwhelming majority of states recognize some form of public policy exception to at-will employment.
However, just because your state recognizes the exception doesn't mean your situation falls within the bounds of your state's law.There are only seven states that don't recognize a public policy exception at all:
Alabama, Florida, Georgia, Louisiana, Maine, Nebraska, New York, and Rhode Island.
Some states who recognize the public policy exception restrict it to very particular situations, such as a refusal to violate the law or being a whistleblower.
Most states also recognize a public policy exception if you are exercising a legal right, such as filing a workers' compensation claim.
In some states, you must be able to point to a specific state law that directly addresses the reasons for your termination.
That may be a criminal law, or it may be state regulations that give you the right to do something or state that it is illegal to terminate anyone who exercises their rights under that law. , If you believe the reason for your termination falls within the public policy exception to at-will employment, seek legal advice.
You may be able to sue your employer for wrongful termination.The best place to start your search for an employment attorney is the website of your state or local bar association.
There you typically will find a searchable directory of attorneys licensed to practice in your area.
Even if you're not sure whether you want to file a lawsuit, it's still a good idea to explore your options and find out whether you have a case.
Many employment attorneys give free initial consultations.
Take advantage of this to talk to several attorneys so you can find the one with whom you believe you will have the most productive working relationship.
About the Author
James Castillo
Professional writer focused on creating easy-to-follow crafts tutorials.
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