Education for Justice FACT SHEET E-5 Fall 2009

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 your:

· Age

· Marital status

· Sex

· Sexual orientation

· Race

· Color

· National origin (but they can require a residency card)

· Getting public assistance

· Disability

· Religion

· Creed

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

· Employee handbook

· 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.

RETALIATION

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:

· 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

· 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

OTHER PROTECTIONS

You should not be fired for:

· Using alcohol and tobacco during non-working hours

· Having your wages garnished or

· Taking leave that the law says is ok. Like parenting leave, school conference, and sick child leaves. 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 sheet Leave from Work.

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 Unemployment Benefits. You may also be able to get your job back or sue for damages. Call an employment lawyer.

Minneapolis Legal Aid – CLE MN Legal Services Coalition 2324 University Avenue W. – Suite 101B St. Paul, MN 55114

Don’t 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.