Job Descrimination. Understanding Employment "At-Will."

Most employees are considered “at-will” by legal definition meaning we’re employed for an indefinite time at the will of ourselves and our employers. We can quit at any time or be terminated at any time. We can be terminated without reason and without notice. It’s not illegal for an employer to fire you. It’s not illegal for an employer to tell you he just doesn’t like you and therefore he’s letting you go. What is illegal is when your employer fires you because you are a woman or because of your race or because of your pregnancy, etc.

Your termination (if it has come to that) becomes a “wrongful discharge” if and when:
· it is a violation of the law (title VII protection under civil rights law)
· it is a violation of “public policy” (i.e., you were serving in the national guard or jury duty and you were terminated for the absence)
· you were retaliated against for reporting safety violations in your workplace or speaking out against your employer breaking the law in some way
· you had an “implied contract” with the employer (you were told, or your employee handbook states, that employees will not be fired without reason)

If you have a claim of wrongful discharge without discrimination, it does not go through the EEOC. Contact your state labor department on how and where to file a claim or contact an employment law attorney. There is a short window of time when you can file a wrongful discharge claim. Don’t let the time run out on you.

Also, I'm unclear on whether or not you can file a charge of wrongful discharge at the same time as a discrimination charge. I invite comments on this issue.