At-will Employment And The Rights Of Workers

Most employers in the US follow at-will employment contract that allows them to discharge anyone without valid reasons and allows workers to quit anytime they want to. Despite having this employment contract, employers may still face wrongful termination lawsuit if they violated the workers legal rights.

What are the grounds for wrongful termination even in at-will employment?
According to law, terminating workers based on their race, color, national origin, age, gender, pregnancy, age, and disability is a ground for lawsuit since it clearly discriminate other people.

Since the enactment of Civil Rights Act of 1964, any form of discrimination is prohibited in the workplace, public facilities, and federally-assisted organizations that anyone who will violate this will face penalties, usually in the form of monetary compensation that will help victims of discrimination to recover economic damages.

Another ground for a lawsuit is retaliation. According to lawyers, employers cannot terminate a worker who reported to authorities the illegal activities of their companies, filed a complaint against their employers, or participated in an investigation conducted by a federal agency.

In its website, the Equal Employment Opportunity Commission (EOCC) said that protecting workers against retaliation will encourage them to report to authorities the illegal activities of their companies such as tax evasion, violation of safety laws, discrimination, and harassment.

It is also illegal to terminate workers for refusing to undergo a lie detector test, even if their employment is at-will. According to Employee Polygraph Protection Act of 1988, most private employers cannot force their workers and job applicants to undergo a lie detector test which includes mechanical and electrical devices such as deceptographs, psychological stress evaluators, voice stress analyzers, and polygraphs.

Workers in at-will employment can also file wrongful discharge against their employers if the latter based their alien status as a ground for termination. According to Immigration Reform and Control Act (IRCA), companies cannot terminate an immigrant who is legally allowed to work in the US.

Another ground for wrongful termination lawsuit is violation of public policy. According to lawyers, all workers, regardless of their employment contract, have statutory rights that if violated, may already be grounds for a lawsuit.
Violation of public policies includes:

Terminating an employee who practices his or her rights such as filing for a workers compensation and medical leave and filing a lawsuit against the employers

Terminating a worker based on discrimination

Discharging an employee for refusing to commit illegal acts such as giving false statement to a court or federal agency, participating in tax evasion scheme, and covering up discrimination practices in the company.

Discharging a worker for doing his or her legal duties such as participating in a federal investigation, testifying before a court, and serving in a jury

If any of these rights have been violated, lawyers urge workers to file wrongful termination against their company before the EEOC or to other agencies such as Fair Employment Practices Agencies (FEPAs) that will allow them to recover economic damages (e.g. loss of wage) and non-economic damages (e.g. emotional distress).