You Can Still Be Wrongfully Terminated During At-Will Employment

You Can Still Be Wrongfully Terminated During At-Will Employment

Most Americans are familiar with at-will employment, where the pink slip comes fast and clean. One minute you’re on the schedule, the next you’re packing your mug and mystery Tupperware. No explanation required. Or so they’d like you to think.

At-will doesn’t mean “without consequence.” It doesn’t mean a boss can drop you on a whim if their morning espresso tastes off. There are boundaries, even for trigger-happy employers. If you’ve been canned and it there’s the possibility of bias, retaliation, or a shady contract sidestep, it might be illegal.

Discrimination

Let’s be clear: firing someone because of who they are isn’t just ethically rotten. It’s flat-out against the law. Federal and state laws say you can’t be fired for your race, gender, religion, national origin, disability, pregnancy, sexual orientation, gender identity, or being over 40.

These are protected characteristics, not personality quirks. If your manager suddenly “restructures” after you tell them you’re pregnant, or you’re the only one shown the door after a new supervisor with a problem sees your pronouns, it’s not a coincidence. It’s discrimination—and it’s illegal.

Retaliation

Bosses who retaliate after you stand up for your rights are unfortunately commonplace, but they’re also legally exposed. If you file a workers’ comp claim, report harassment, blow the whistle on shady dealings, or even just take family leave you’re entitled to, and then get canned for it? There’s no room in the law for pettiness.

The law protects your right to call out misconduct and to heal, grieve, or take care of your family without fearing the axe. Your employer doesn’t get to punish you for playing by the rules.

Contracts

Getting physical proof of an agreement can look like signed documents, email confirmations, and sometimes even recorded conversations. If your employer made promises, like written, verbal, or strongly implied, and then fired you in a way that breaks those terms, you might have a case.

This comes up more than you’d think. “You’ll always have a place here as long as you hit your numbers.” Then boom—you’re out because the manager’s cousin needs a job. If your firing contradicts the deal you were given, it’s not “business decisions.” It’s breach of contract.

Public Policy

Employers love to pretend their kingdom has no borders. However, there are many things that they have no say in, like jury duty, for example. That’s stepping over the legal line. Fire someone for voting? Another leap. Refuse to lie or cover up illegal activity and get sacked for it? That’s textbook wrongful termination.

These cases aren’t about identity or contracts. They’re about bigger public interests. You shouldn’t be punished for doing something that benefits society or refusing to do something that breaks it.

Constructive Discharge

Here’s the sneakier tactic: don’t fire them, just make work unbearable. Crank up the harassment, ignore complaints, micromanage, humiliate, isolate. Then act shocked when they quit. Does this sound familiar?

Forcing someone out with a hostile environment doesn’t get employers off the hook. If a reasonable person would’ve bailed under those same conditions, the law may treat it as a firing—and a wrongful one at that.

Think You Got Wrongfully Terminated? Let’s Talk.

Wrongful termination in an at-will state doesn’t mean “unfair” or “rude,” it’s illegal. It happens more often than people might think, and if you’ve prepared a decent document trail, you could have a case. Feldman Legal Group doesn’t get misty-eyed over corporate nonsense. If your employer crossed the line, we’ll help you draw it back—bold, red, and enforced. Reach out and let’s hold them accountable.