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RATE YOUR PAYCHECK: DO YOU EARN WHAT YOU DESERVE?
In these rough times you probably want to stick to your job. But maybe there's room for salary negotiations? Or: are you on a job hunt? And you want to know whether the payment is fair? We can help you find the answers to the questions that drive your important career decisions.
Find out about your pay: compare your earnings against what
other people get for the same job in the same state with our free,
independent Salary Calculator.
In return, to keep our Calculator updated, share your Salary and Job Information and fill out our anonymous Salary Survey.
Dismissal and employment at will?
Employment at will is the doctrine governing
worker-employer relations in the United States. It states that your
employer has the right to dismiss you for any reason or no reason at
all, including reasons that may seem "unjust" or "unfair", and that you
have the right to leave your job for any reason or no reason at all
without giving notice.
If you do no have an employment contract
that specifies the exact amount of time that you are to be employed and
the conditions under which you can be dismissed, you are considered an
"at will employee" and the above applies to you.
There are
several limitations to this doctrine depending upon the state in which
you live, federal laws and whether you are covered by a collective
bargaining agreement. These are discussed below.
What is an "at will employee"?
In the United States, employees can be broadly classified into two categories:
(1) at will employees and (2) just cause employees.
An
"at will employee" is one that can be fired for any reason or no reason
at all and can leave his/her job at any time without giving notice.
A
"just cause" employee, on the other hand, can only be dismissed for not
performing their job duties correctly or other non-arbitrary reasons
relating to violations of workplace conduct or policy.
What are the limitations of employment at will?
Employment at will is limited by a great deal of case law that has developed since its creation in 1908. The limitations are:
If you have a contract with your employer stating a time period for
which you are to work and stipulating, in detail, under what conditions
you are to remain employed or dismissed, then you are not considered an
at will employee and can only be dismissed under the conditions stated
in your contract.
Union members are not at will employees. If you are a member of a labor
union, then most likely you are covered by a collective bargaining
agreement that was negotiation between your employer and your union
representatives.
Collective
bargaining agreements generally have provisions allowing for dismissal
only for just cause and also allowing for employee grievance procedures
in the case that the employee and the employer disagree over a
dismissal.
Exceptions employment at will
Discrimination
Due to
anti-discrimination legislation passed by Congress in the late 1960's
and 1970's, it had become illegal to terminate anyone on the basis of
race, gender, religion, color, national origin and disability. These
are the most important anti-discrimination limitations on employment at will, but there are many more.
The public-policy exception
Under
the public policy exception an employee would be considered “wrongfully
discharged” if their firing contravened some explicit well established
public policy of the state in which they work. Below are some examples
of dismissals under the public policy exception:
- Getting fired for filing a workers compensation claim after being injured on the job;
- Refusal to break the law at the request of the employer
The Implied Contract Exception
Even
if you do not have a formal employment contract many employers have
stated policies, either orally or in writing, regulating dismissals in
the workplace and other rules.
These implied contracts are
recognized in 38 states and usually take the form of employee handbooks
guaranteeing that employees will be terminated only for “just cause” or
for non-arbitrary reasons.
If you live in one of these 38 states
and you have an employee handbook that outlines procedures for
termination of employment then you may not be an at will employee.
Find out if you are in one of the 38 states covered by the implied contract exception.
The Covenant-of-Good-Faith Exception
This exception is recognized by only 11 states and, at its broadest, is understood as meaning that in every employment
relationship, there is the understanding employees should be terminated
for “just cause.” More specifically, that employees should not be fired
because of malice or other arbitrary reasons.
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