| For many years, the doctrine of employment at will prevented
nonunion employees from successfully challenging discharge in
most situations.
This doctrine
generally allows employment termination for any reason,
if the employee is not covered by a collective bargaining agreement or
an employment contract for a specific period of time,
and if there is no violation of a specific law such as a
discrimination
statute.
The 1980s saw a nationwide boom in wrongful discharge litigation, encouraged by court decisions creating exceptions to employment at will. The pace of change in wrongful discharge law settled down considerably in the 1990s.
Wrongful discharge claims are primarily governed by state law, which varies significantly between states. In Missouri, employers benefit from a series of Missouri Supreme Court decisions substantially limiting the exceptions to employment at will. In some other states, more exceptions are recognized. Federal laws also allow challenges to discharges that are discriminatory or violate specific federal laws, though such claims are not generally referred to as "wrongful discharge."
Employment at will is still the prevailing rule in that merely showing
that a discharge was based on poor managerial judgment or a mistaken understanding of the facts, or was otherwise "unfair" or "wrongful" is
normally insufficient to establish a valid wrongful discharge claim. Rather, a discharged employee must find an exception that fits -- with the type and number of available exceptions varying from state to state.
In many states, an employee may have a valid wrongful discharge claim if the discharge violated public policy because it was in retaliation for the employee:
-
Exercising rights under the state's workers' compensation law
-
Reporting allegations of unlawful conduct to his or her superiors or government authorities
("whistleblowing")
-
Refusing to engage in unlawful conduct
-
Participating in acts public policy encourages, such as jury duty or seeking public office.
Although the law does not require that discharge of an at will employee be for a good or fair reason, more often than not the best defense to a wrongful discharge claim is that there was such a reason.
The attorneys of Harris Dowell Fisher & Harris, L.C. have extensive experience representing employers in wrongful discharge litigation. We also routinely
advise employers on termination of employees, assisting our clients in carrying out these decisions in a manner
calculated to minimize legal exposure.
In addition, we often assist clients in preparing and updating employee
handbooks and policies to best preserve the at-will status of employees.
Contact us to discuss how
we may best assist you in this regard.
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