Our phone lines are currently not accepting calls due to a network outage. Please email all Social Security Disability inquiries to stacy@donatilaw.com. All other inquiries can be directed to amy@donatilaw.com.

Donati Law, PLLC
  • Home
  • About Us
  • Our History
  • Our Team
    • Don Donati
    • Wanda Donati
    • William "Billy" Ryan
    • Alison Ryan
    • Bryce Ashby
    • Robert Donati
    • Ellen Donati Flechas
    • Janelle Crandall Osowski
    • Melissa Stewart
    • Ruchee J. Patel
  • Practice Areas
    • Employment Law
    • Car Accidents
    • Consumer Law
    • Civil Rights
    • Criminal Defense
    • Immigration Law
      • Resources
      • Family Immigration
      • Employment Immigration
      • Asylum & Refugee Status
    • Personal Injury
    • Social Security Disability
    • Wage & Hour Violations
    • Workers' Comp
  • COVID Resources
    • ADA Reasonable Accommodation: COVID-19
    • COVID-19 Safety Complaints & Whistleblower Protections
    • Medical and Family Leave: COVID-19
  • Blog
  • Results
  • Testimonials
  • Contact Us
(901) 209-5500

Call for Prompt Legal Assistance

    • Home
    • About Us
    • Our History
    • Our Team
      • Don Donati
      • Wanda Donati
      • William "Billy" Ryan
      • Alison Ryan
      • Bryce Ashby
      • Robert Donati
      • Ellen Donati Flechas
      • Janelle Crandall Osowski
      • Melissa Stewart
      • Ruchee J. Patel
    • Practice Areas
      • Employment Law
      • Car Accidents
      • Consumer Law
      • Civil Rights
      • Criminal Defense
      • Immigration Law
        • Resources
        • Family Immigration
        • Employment Immigration
        • Asylum & Refugee Status
      • Personal Injury
      • Social Security Disability
      • Wage & Hour Violations
      • Workers' Comp
    • COVID Resources
      • ADA Reasonable Accommodation: COVID-19
      • COVID-19 Safety Complaints & Whistleblower Protections
      • Medical and Family Leave: COVID-19
    • Blog
    • Results
    • Testimonials
    • Contact Us
  • Search
  • Contact
  • Staff
Blog /2020 /December /Understanding At-Will Employment


Categories
  • ADEA
  • Affordable Care Act
  • Age Discrimination
  • Arbitration Agreements
  • At-Will Employment
  • Breach of Contract
  • Car Accident
  • Carbon Monoxide
  • Claim Management
  • Class Action
  • Commercial Appeal
  • Commission-Based Employees
  • Congress
  • Criminal Defense
  • Criminal Record
  • DACA
  • Disability
  • Disability Claim
  • Discrimination
  • DOMA
  • DREAM Act
  • EITC
  • Employee Misclassifications
  • Employment Law
  • Employment Termination
  • Estate Law
  • Expungement
  • Fair Credit Reporting Act
  • Family and Medical Leave Act
  • FAQ
  • FLSA
  • Fraud
  • Gender Discrimination
  • Government Shutdown
  • Health
  • ICE
  • Immigration
  • Immigration Law
  • Immigration Reform
  • Independent Contractor
  • Insurance
  • jones act
  • Leave & Break Rights
  • LGBT
  • Local News
  • Long Term Disability
  • Medical Malpractice
  • medicare
  • Misclassification
  • mississippi river
  • Motorcycle Accident
  • News
  • Non-Compete & Non-Disclosure Agreements
  • Overtime Wages
  • personal injury
  • President Obama
  • Qui Tam
  • Retaliation
  • Semi-Truck Accident
  • Sequential Evaluation Process
  • Severance Agreement
  • Sexual Harassment
  • Short Term Disability
  • slip and fall
  • Small Businesses
  • social security
  • Social Security Administration
  • Social Security Card
  • Social Security Disability
  • Social Security Disability Benefits
  • Social Security FAQs
  • Social Security Number
  • SSDI
  • SSI
  • State Law
  • Taxes
  • Technology
  • Tipped Employees
  • TPPA
  • Trip and Fall
  • Unemployment Benefits
  • Unlawful Presence
  • USCIS
  • veterans
  • Veterans' Benefits
  • Visa
  • Visa Bulletin
  • Wage & Hour
  • Whistleblower
  • Wills
  • Workers' Compensation
  • Workplace Retaliation
  • Wrongful Death
  • Wrongful Termination
Share This Post:

Understanding At-Will Employment

Dec 7, 2020 /
Donati Law, PLLC
  • Breach of Contract /
  • Discrimination /
  • Wage & Hour /
  • Workers' Compensation /
  • Workplace Retaliation /
  • Wrongful Termination /

All states except Montana observe an at-will presumption when it comes to employment. In its purest form, this means that employers may fire employees for any reason (with some exceptions) or no reason whatsoever. Similarly, an employee can leave a job at any time for any reason without adverse legal consequences.

Nevertheless, employment contracts can modify the at-will presumption, and there are a few rules that regulate what employers can and cannot do.

Modification by Contract

If you and your employer center into a contract, you can address the situations or employee actions that would justify termination. Under an at-will employment presumption, employers can alter wages or terminate benefits with no notice and no consequences, so an employment contract can help protect an employee’s rights.

Employers who terminate employees or otherwise act outside the terms of their contracts can face breach of contract claims.

Statutory Exceptions

The United States’ anti-discrimination laws supersede the nation’s at-will employment presumption. This means that employers may not make hiring decisions or terminate anyone due to their race, color, religion, sex, national origin, age, disability, or veteran status. Many states also protect employees from discrimination due to sexual orientation and other factors.

Federal whistleblower protections also trump at-will employment, so if you report your employer for fraud or illegal activities, you cannot be terminated. On a similar note, employers cannot retaliate against employees for filing internal complaints or claiming legal rights or wages, such as pointing out wage and hour violations or seeking overtime pay.

Common Law Exceptions

Under common law exceptions to the at-will presumption, your employer may not fire you for acting in a way that protects the public interest. For example, your employer cannot fire you for refusing to perform an act that state law prohibits or reporting your employer for violating a law. Your employer cannot fire you for joining the National Guard or performing jury duty, either, and most state statutes protect employees from being terminated during workers’ compensation claims.

Another common law exception to the at-will presumption is the existence of implied contracts and legal promises. If an employer indicates long-term employment or some sort of termination process that includes prior warnings, you may have a claim – even if you don’t have this promise in writing or it only appears in an employee handbook. Employers who ask their employees to act due to a promise of employment may also be held liable for breaking this promise. For instance, consider an employee who moves across the country for a job – the employer cannot fire this employee for no reason without causing financial damage and facing liability.

What To Do If You Suspect Wrongful Termination

If you suspect wrongful termination, discuss your claim with an employment attorney as soon as you can.  Our lawyers at Donati Law, PLLC have been representing clients for more than 35 years, and we are more than ready to help you with your case.

We have a family practice, and we treat each client like family. For the legal advice you need and deserve, call us at (901) 209-5500 or contact us online today.

Previous Next

Every Client is a Cause We Believe In

To discuss your case with an accomplished attorney who cares, give our firm a call at (901) 209-5500 or fill out the form below.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.

Recent Posts

  • 5 Common Instances of Medical MalpracticeJanuary 24, 2025
  • How to Report Racial Discrimination at WorkJanuary 8, 2025
  • What Is Third Party Sexual Harassment?December 20, 2024

Most Popular

  • 6 Signs Your Boss Is Gaslighting You at WorkOctober 28, 2022
  • Can the Actions of a Swearing Boss be Considered Abusive Workplace Behavior?December 5, 2023
  • Is It Hard to Get Another Job if You Sue Your Employer?June 7, 2022

A Tradition of Legal Excellence

Our team of professionals seek justice one client at a time, because every client is a cause we believe in. We keep things simple, by consistently showing our dedication not only to the law, but to our clients. Passionate about honoring the law and respecting every client, our firm strives to make the legal changes that are needed to improve the lives of people throughout our community.

donati law icon shield
  • Created from the D & L of Donati Law
  • Resembles the emblem of the medieval Donati family
  • The Donati family originates from Florence, Italy
  • The emblem signifies our fight to protect a neighbor or friend
  • Symbol of our efforts to protect the interests of our clients
donati law logo

Memphis

1545 Union Avenue
Memphis, TN 38104

(901) 209-5500

Memphis

1545 Union Avenue
Memphis, TN 38104
View Map

Phone: (901) 209-5500

Quick Links

  • Home
  • Contact Us
  • Site Map
  • Privacy Policy

Stay Connected

  • Instagram
  • YouTube
  • Facebook
  • Google Business Profile
En Español

Contact Us

Donati Law, PLLC
Memphis Attorneys

1545 Union Avenue
Memphis, TN 38104
View Map

Call Today

(901) 209-5500

Local
https://www.donatilaw.com/

Seeking Justice One Client at a Time

Contact Us Now
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© All Rights Reserved.
Powered by Scorpion