In all states but Montana, employees are generally considered to be have “at will” employment meaning that either party (the employee or the employer) can terminate the employment relationship at any time, with or without notice, and for any reason or no reason at all (outside of reasons prohibited by law). Most employers have established policies to create the at will employment as it is beneficial both to the business and the employees. In other cases employers create employment contracts with employees which generally specifically address reasons for termination and how a termination should be handled. Continue reading
So, what are the employer, manager and supervisor to do?
Begin by understanding the concept of wrongful discharge. Wrongful as in illegal and unfair. And discharge, as in termination. So the ex-employee, in filing a legal action against an employer and claiming wrongful discharge is asserting the termination violates a legal right or a legal protection, or violates an employer’s promise or commitment, or violates the unwritten provision in the contract of employment that the employer and the employee will deal fairly with each other.