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Education for Justice |
FACT SHEET E-13 |
Fall
2011 |
WHEN CAN I BE FIRED?
“AT-WILL EMPLOYMENT”
An employer can fire you for any reason at any time and you can quit at any time for any
reason. This is called “at-will
employment.” There are some exceptions to the at-will rule.
Discrimination
It is against the law for an employer to fire you when it is
illegal discrimination. It is illegal
discrimination when an employer fires you because of:
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Age
·
Marital status
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Sex
·
Sexual orientation
·
Race
·
Color
·
National origin (but they can require a
residency card)
·
Getting public assistance
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Disability
·
Religion
·
Creed
See our fact sheet E-7 Job Discrimination and Harassment at Work.
Contract Rights to
Employment
If you have a job contract, an employer should not fire you
unless you break the contract. Your
contract may come from an:
·
Employment contract
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Oral promise
·
Pre-employment offer letter
·
Union collective bargaining agreement
Even if you have one of the above, it does not mean that the
employer can never fire you. Usually, contracts or handbooks state what
things you can be fired for and what steps the employer must take before firing
you. Talk to a lawyer if you are unsure
about your rights.
If you are in a union, you have a work contract called a
collective bargaining agreement. This is
an agreement between the union and the employer. It can make the employer show “just cause”
for disciplining or firing the employee.
Check your contract and talk to your shop steward or union
representative.
“Whistle Blower”
Protection
In some cases the law protects you if you are fired because
you stood up for your legal rights or you refused to break the law at
work. You should not be disciplined or
threatened for doing these things. This
is sometimes called “whistle blower” protection. The law protects you if:
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You report a violation of state or federal law
to the employer or the government “in good faith.” In good faith means that you really believe that what you report is true
and that it is illegal. But if it is
your job to report violations, you might not have a claim.
·
A government agency asks you to take part in an
investigation or hearing or
·
You refuse to do something illegal at work and
you tell the employer about it
The laws around this can be complicated. Call an attorney or talk to the Minnesota
Department of Labor at (651) 284-5005 or 1-(800) 342-5354. Or go to their website at: www.dli.mn.gov.
Other Protections
You should not be fired for:
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Having your wages garnished
·
Taking leave that the law says is ok. Like parenting leave, sick child, domestic
violence and other kinds of leave. You
do not have to be paid for this leave.
If you need to use this leave, check with your employer to see if you
can take it.
See our fact sheets: E-8
Time off from Work: Birth, Adoption, School Events
E-9
Time off from Work: Illness or Death
E-10
Time off from Work: Family in the Military
E-11
Employment Rights: Victims of Violence and Harassment
If you are fired or quit because any of the things stated
above happened, you need to let your employer or human resources know what
happened and that it is not ok. If they
do nothing to fix the problem, you can get unemployment benefits. See our fact sheet E-2 Unemployment Benefits. You may also be able to get your job back or
sue for damages. Call an employment
lawyer.
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MN Legal Services Coalition |
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use this fact sheet if it is more than 1 year old. Write us for updates, a fact sheet list, or
alternate formats. Fact Sheets aren’t a complete answer to a
legal problem. See a lawyer for advice. |
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© 2011 Mid-Minnesota Legal Assistance. This document may be reproduced and
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To find other Legal
Aid Society materials, including any fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.