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  • Writer's pictureAdam C. Nicolai Esq.


Myth: At-will employment means you can fire an employee for any reason.

Fact: The reason must be a lawful one. For example, various federal, state and local laws prohibit employers from retaliating against individuals for exercising their rights under the law, such as the right to job-protected leave. Employees are also protected from discrimination based on protected characteristics, such as age, race, religion, disability, gender, national origin and military status.

If you terminate an employee for engaging in protected activity or because of a protected characteristic, you may be subject to a claim or lawsuit, regardless of the employee's at-will status. There are also other exceptions to at-will employment created by contract, statute, the courts or public policy.

Source: ADP

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. It is likely considered advertising.


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