In nearly every state, employment is presumed to be at will, meaning either side can end it at any time for any reason that is not illegal. That does not mean an employer can fire you for any reason at all.
What at-will means
An at-will employer does not need to show good cause to dismiss you, and you do not need to give a reason to resign. Montana is the notable exception, requiring good cause after a probationary period.
When a firing may be illegal
- Discrimination based on protected traits such as race, sex, religion, national origin, age, disability or pregnancy.
- Retaliation for reporting harassment, discrimination, safety problems or wage violations.
- Firing for taking legally protected leave, such as under the Family and Medical Leave Act where it applies.
- Firing that violates an employment contract or union agreement.
- Firing that violates public policy, such as for serving on a jury or filing a workers' compensation claim.
What to do if you think you were fired illegally
- Write down the timeline, including dates, names and what was said.
- Save emails, performance reviews and any related documents, within the limits of company policy and the law.
- Ask for the reason and any severance or final pay in writing.
- Be aware of short deadlines. Discrimination charges to the EEOC generally must be filed within 180 or 300 days, depending on the state.
- Speak with an employment attorney. Many offer free consultations.
Final pay and benefits
Rules for final paychecks and unused vacation vary by state. Ask about health insurance continuation under COBRA, and file for unemployment benefits promptly.
Frequently asked questions
Can I be fired without warning?
In most states yes, unless a contract or policy provides otherwise and the reason is not illegal.
Should I sign a severance agreement right away?
Not necessarily. Read it carefully, since it often waives your right to sue. You may be able to negotiate, and a lawyer can review it.