At-Will Employment and Wrongful Termination

The default rule that an employer may end employment for any reason or none, and the exceptions that make some firings unlawful.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

Employment in the United States is presumed to be at will. Unless a contract says otherwise, the employer may end the job at any time, for a good reason, a bad reason or no reason, and the employee may quit on the same terms. Montana is the one state that has replaced the default by statute: after a probationary period, a discharge there requires good cause. Everywhere else, being fired unfairly is not by itself unlawful, so a claim usually has to fit one of a few recognized exceptions.

The exceptions do most of the work. A firing is unlawful if the real reason is one a statute forbids: race, color, religion, sex, national origin, age, disability, or genetic information under the federal anti-discrimination laws, plus whatever further categories a state adds. It is unlawful as retaliation for protected activity, such as complaining about discrimination, taking protected leave, or reporting a safety or wage violation. Most states also recognize a public-policy exception for an employee fired for refusing to break the law, for serving on a jury, or for filing a workers' compensation claim. Some states enforce promises in an offer letter or handbook as an implied contract, unless the handbook clearly disclaims one. A minority recognize an implied covenant of good faith and fair dealing.

Wrongful termination is therefore a description of several different claims, not one. Each has its own elements, its own deadline and often its own agency. A claim under the federal anti-discrimination laws generally starts with a charge filed with the EEOC, not a lawsuit. Separate rules may also apply at the end of a job whatever the reason for it: advance notice of some mass layoffs and plant closings under the federal WARN Act, state rules on the timing of the final paycheck, and continuation of group health coverage under COBRA.

Where this comes from

When people hire a lawyer for this

Write down the reason you were given, who gave it, and anything said or done in the weeks before, and keep any offer letter, handbook and performance reviews. A lawyer's first job is to find the exception your facts fit, because that decides the deadline and where the claim must be filed. Some of those deadlines are short and run from the day of the firing. Read any severance agreement with a lawyer before signing it, because it usually releases these claims.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Wrongful Termination law firms in the city where we list the most; your city may be under “other cities”, A to Z.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Chandler)
  +6 other cities

  • Gilbert
  • Glendale
  • Mesa
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock)
• California (Long Beach)
  +70 other cities

  • Anaheim
  • Bakersfield
  • Chula Vista
  • Fontana
  • Fresno
  • Irvine
  • Los Angeles
  • Oakland
  • Riverside
  • San Bernardino
  • San Francisco
  • Santa Ana
  • and 58 more with fewer listed firms
• Colorado (Aurora)
  +2 other cities

  • Colorado Springs
  • Denver
• Connecticut (Bridgeport)
• Delaware (Wilmington)
• District of Columbia (Washington)
• Florida (Hialeah)
  +5 other cities

  • Jacksonville
  • Miami
  • Orlando
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Illinois (Chicago)
• Indiana (Fort Wayne)
  +1 other city

  • Indianapolis
• Iowa (Des Moines)
• Kansas (Kansas City)
  +1 other city

  • Wichita
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +2 other cities

  • New Orleans
  • Shreveport
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (Kansas City)
  +1 other city

  • St. Louis
• Montana (Billings)
• Nevada (Henderson)
  +2 other cities

  • Las Vegas
  • North Las Vegas
• New Hampshire (Manchester)
• New Jersey (Jersey City)
  +1 other city

  • Newark
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Durham
  • Fayetteville
  • Greensboro
  • Raleigh
  • Winston-Salem
• Ohio (Cincinnati)
  +3 other cities

  • Cleveland
  • Columbus
  • Toledo
• Oklahoma (Oklahoma City)
  +1 other city

  • Tulsa
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• Tennessee (Memphis)
  +1 other city

  • Nashville
• Texas (El Paso)
  +12 other cities

  • Arlington
  • Austin
  • Corpus Christi
  • Dallas
  • Fort Worth
  • Garland
  • Houston
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Chesapeake)
  +3 other cities

  • Norfolk
  • Richmond
  • Virginia Beach
• Washington (Seattle)
  +1 other city

  • Tacoma
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee

Related terms

Other entries in the same area of law, each written from the same primary sources.

• Overtime and Minimum Wage (FLSA)The federal floor for pay: a minimum hourly wage, and time and a half for hours over forty in a workweek, unless the job is exempt.
• Sexual Harassment at WorkUnwelcome sexual conduct at work that is a condition of the job or creates a hostile environment, a form of sex discrimination under Title VII.
• Whistleblower Claims and Qui Tam (False Claims Act)Laws that protect, and in some cases reward, people who report fraud against the government or other violations, including private qui tam suits under the False Claims Act.

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