Wednesday, October 21, 2009

There is a large number of people who are employed in a company in a so-called “at will” scheme. It means that they have not signed any formal or bind


There is a large number of people who are employed in a company in a so-called “at will” scheme. It means that they have not signed any formal or binding employment contract or have not signed any kind of agreement in terms of his or her employment with their employers.

This being the case, the law of the state has implicit permission that their employment can be ended at any given time, whatever occurs to their employers.

Meanwhile other employees have an employment contract signed with their employers, with a clause of “at will” to the condition that their employment may end depending on the employers’ option.

Are you an “at will” employee? You may think that you have no say whatsoever on whatever your employer would “will” for you, like ending your employment without due process of the law. You may think that filing for wrongful termination charges against your employer is null because of the fact that you are an at will employee.

Fret not. You and other “at will” employees in the country are still entitled to some degree of legal protection from an employer’s wrongful termination. You cannot be terminated for reasons that would violate the labor law and other public employment policies.

Here are the following statutes or legislations that strive to protect “at will” employees against wrongful termination by employers.

1. Laws on Civil Rights concentrating on Pretextual Termination – This is an extension of the Civil Rights Act of 1964. It contains protections for employees against anti-discrimination. Employers cannot terminate an employee’s work for reasons of their gender, race, religion, skin color or country or nationality of origin.

There are even legal protections added to prevent discrimination on employees for their age.

As such, employers of at will employees may terminate an employment for arbitrary reasons as long as they are not with unlawful and discriminatory purposes or motives. If you believe that you have been a victim of wrongful termination that is pretextual, you have the right to file a case against your employer with claims that their lawful firing is motivated with unlawful discrimination.

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