We Fight Against Injustice – Wherever It May Arise

WE FIGHT AGAINST INJUSTICE – WHEREVER IT MAY ARISE

Does it matter why an employer fires an at-will employee?

On Behalf of | Feb 24, 2025 | Employment Law

There are few things worse than having your boss tell you to pack your things as they will no longer be employing you. If you are an at-will employee, then this is always a risk. One day you can have a job and the next day you might not. So does it actually matter why they are firing you?

Employers are free to dismiss at-will employees when they like, but they cannot dismiss them for any reason they like. While an employer is not obligated to give any reason at all for the dismissal, an employee may have legal recourse if they believe certain motives were behind the decision.

Retaliation

An employer cannot dismiss you out of retaliation for doing something the law allows you to do. That does not mean some won’t try. There are numerous reports of employees being fired after reporting harassment or blowing the whistle on illegal practices by the firm. Employers are not allowed to do this.

Protected characteristics

Employers can’t terminate employees based on their protected characteristics. You get a new boss and the word on the street is they are a closet racist. Sure enough, you are summoned into their office and dismissed without explanation in the first week.

If they have done this to others of your race, then it could strengthen your claim that your protected characteristic was the real reason for your dismissal. Employers also cannot end your employment because you get pregnant, because they don’t like your religion, sexual orientation or a host of other protected characteristics.

If you challenge an employer as to why you lost your job, they are unlikely to admit to it being for an unlawful reason. If you suspect it was, then it’s wise to get experienced legal guidance.