If you are working in the USA – no matter what state you are in, there is a good chance that you are an at-will employee. On that note, you should know what an at-will employment is and why you should care about it as an employee. Also, you should know when it is suitable to seek out the advice of an attorney or when you should file a complaint with the EEOC.
Read on to learn more.
What is At-Will Employment?
At its very core, the at-will employment doctrine states that an employer has every right to terminate an employee at any time for any reason. The only exception is that the reason shouldn’t be an illegal reason. Likewise, the employee, under the at-will doctrine, has the right to quit their job at any time as they cannot be forced to work somewhere.
Now, the reason why this entire thing about “at-will-employment” seems to be a much bigger issue than it actually is that some employers leverage this position of their employees and think that they can do whatever they want, including terminating their employees without giving a real explanation.
The Truth: Employers Cannot Fire Employees in Certain Circumstances
As an employee, you should know that your employer cannot necessarily fire you at any given time they want. All these laws are in place in every state, especially in progressive states such as Las Vegas. Now, suppose you believe that your employer was unfair to you and that they terminated you based on something that is against the law. In that case, you should contact a reputable and reliable employment lawyer in Las Vegas, that is, if you live in Las Vegas. A local attorney understands the employment laws in your state and can advise you on the next steps to take.
The circumstances that we are referring to, in which your employer cannot fit you, include your sexual orientation, gender, age, disability, etc.
Employers Need A Valid Reason to Fire Their Employees
Employers cannot fire employees because they complain about an unsafe work environment. Employees can also not get fired because they blew the whistle. The thing is that there are some areas of law that state that you cannot fire somebody for certain reasons. However, what some employers do is resort to the idea that this is an at-will state, which makes them believe that they can foresee an employee for any reason.
Such employers typically miss the whole point of the law, and the whole point of the law is for the legislature to simply state that people have the freedom to do as they deem fit. This aspect indicates that they can quit, or they can fire an employee. However, there are restrictions to it that everyone seems to forget.
What Are the Chances of People Getting Fired Illegally?
Now, if you call up an employment attorney and tell them that you got fired, your attorney will know that it is an at-will state, however, they will always go back and review your case thoroughly to figure out the real reason why you got fired. There is a good chance that your attorney might find violations of the law. However, it doesn’t necessarily mean that you have to file a lawsuit, as your attorney will guide you about the next steps.
Example: Getting Fired for Disability
Suppose you are a salesperson, and you have commissions pending in your name that your employer might be withholding from you. Suddenly, before you know it, you are fired. Now, in this scenario, if you visit an employment lawyer, the attorney will dig into the matter and compare two aspects: the reason why you got fired vs. the real reason for why you got fired.
In this example, you might tell the attorney that you have a throat condition and that you have to take leave. You might have needed surgery, and somehow, this was really upsetting to your boss. Now, you might think that you got fired due to taking a long leave for your health; however, your attorney will think about how you are protected from disability discrimination.
Nonetheless, in such a scenario, your lawyer will be able to get you a much higher settlement than the bonus that your boss owed you, which was also the real reason behind your termination.
Always Seek Consultation
Now, you might be in a situation where you are confused about whether or not you have a case. You might be aware that you can get fired at any time. But – you also know that you can leave the job at any time without notice. On that note, instead of giving in and believing that there is nothing that you can do about getting fired, it is in your best interest to call an attorney, someone who exclusively deals with employment law.
Don’t Worry About the Lawyer’s Fee
Many people don’t call a lawyer’s office because they believe that they won’t be able to afford the fee. However, you should know that the best lawyer doesn’t charge any consultation fee. They consult for free, and if you have a case, they will usually get their payment from your settlement value. This aspect is also known as the contingency fee, which is why it is in your best interest to consult a lawyer instead of accepting whatever bad and unfortunate thing is coming your way.
Keep in mind that during the consultation, you are only telling your story, and if the lawyer thinks that you have a case, they will usually be the one getting back to you and offering to represent your case in court.
When Should You Seek an Attorney’s Help?
As an at-will employee, you should know when to file a complaint with the EEOC and when to go to an employment lawyer for help. Now, the answer to this question is that it depends on your situation, which is why it is hard to give a holistic statement.
Nonetheless, generally, the safest thing you can do is to call an attorney first. The underlying reason is that if you call an attorney, there is a no-risk factor. As mentioned before, most lawyers offer free consultation, including an employment lawyer. The lawyer will hear your situation and also give you a significant amount of advice, which will enable you to make a better decision as to what you should do next.
