Wrongful Termination Law

An employment, having no specified term, may be terminated at the will of either party on notice to the other. This presumption may be superseded by a contract, express or implied, limiting the employer's right to discharge the employee. Absent any contract, however, the employment is 'at will,' and the employee can be fired with or without good cause. But the employer's right to discharge an 'at will' employee is still subject to limits imposed by public policy, since otherwise the threat of discharge could be used to coerce employees into committing crimes, concealing wrongdoing, or taking other action harmful to the public. Accordingly, while an at-will employee may be terminated for no reason, or for an arbitrary or irrational reason, there can be no right to terminate for an unlawful reason or a purpose that contravenes fundamental public policy. Wrongful termination in violation of public policy generally occurs where an employee is discharged for: (1) refusal to violate a statute; (2) performing a statutory obligation; (3) exercising (or refusing to waive) a statutory or constitutional right or privilege; or (4) reporting an alleged violation of a statute of public importance.