Employment at Will: What It Means for Wrongful Termination

Posted On: September 7, 2015 under

In Tennessee and Georgia, most employees are considered to be employed at will, per the employment-at-will doctrine. What this means is that the employee is free to vacate his or her job at any time for any reason; however, the employer is also allowed to terminate an employee at any time for any reason. The employer is also allowed to change the terms of employment without prior notice.

Although in many cases at-will employment is a positive thing for both employee and employer, there are obviously times when it is problematic and leads to illegal termination. Wrongful termination lawsuits aim to assist the employee when he or she is fired due to any of the following:

  • Race or nationality
  • Sex or sexual orientation
  • Pregnancy
  • Age
  • Religious beliefs
  • Disability
  • Filing for worker’s compensation
  • Serving on jury duty
  • Taking time off per the Family and Medical Leave Act (FMLA)
  • Whistleblowing or refusing to be a part of an illegal activity at work

In addition, if an employer essentially forces an employee to resign by making the work environment so hostile that the employee cannot stand to stay, a lawsuit may be filed; these are called constructive termination or discharge lawsuits.

Proving a wrongful termination case in an employment-at-will state can be quite difficult and requires a skilled, knowledgeable attorney. With that attorney’s help, the specifics of the case can be navigated and questions such as the following address:

  • Was there a contract or a collective bargaining agreement, and if so, does it state anything about the terms of employment?
  • What are the circumstances surrounding the termination, and did the employer demonstrate “just cause” (in other words, a legitimate reason for the termination, such as breaking company policies)?

If you believe that you have a wrongful termination or constructive termination case, your best bet is to contact an experienced lawyer immediately to discuss the specifics of your case and decide how to proceed.

Search