Commonly Misused/Misunderstood Terms
In the many posts that I read daily on this community forum, I noticed that there is a handful of terms and phrases that people use incorrectly when giving advice to their fellow Jobcasers. Feel free to share any that I may have missed, but here are two:
- Right-To-Work vs At-Will Many users cite "right-to-work" as the reason an employer can fire you without reason. In actuality, the term that they are defining is "Employment at Will"
At-Will In its simplest definition, “at-will” is a common-law doctrine that defines an employment relationship between an employer and employee in which the employer has the right to terminate the employee at any time with or without cause and for any reason. Similarly, the employee is free to quit employment at any time without cause or for any reason. The doctrine also allows employers to increase or reduce wages, alter benefits, or otherwise change employee terms and conditions of employment at-will.
With the exception of Montana, all states have adopted the at-will doctrine. Some states, although they have adopted the at-will doctrine, require employers to provide employees notice before changing wages, benefits, and/or other terms and conditions of employment. See State Wage Payment Laws.
In order to escape the at-will doctrine, an employer and employee may entered into an employment contract which designates that the contact may only be terminated due to just cause. Although these types of employment contracts are typically written and signed by both the employer and employee, verbal agreements may also meet the requirements necessary to overcome at-will employment. Moreover, in some states, employee handbooks may be sufficient as well to overcome the at-will protections offered to employers. Collective bargaining agreements also typically trump employer’s at-will employment rights.
In addition to an employment contracts, there are both federal and state laws that limit an employer’s at-will employment rights. These laws protect employees from adverse employment actions, up to an including termination, based on many various factors, which can vary from state to state. These factors include, but are not limited to:
Race Religion Sex National origin Military service Union affiliation Marital status Whistleblowing Disability Age (typically 40 and over) See The At-Will Presumption and Exceptions to the Rule for more information on the at-will doctrine.
Right-to-work The term “right-to-work” is often confused as meaning that an individual has the right to gainful employment. The reality is right-to-work refers to whether a union and employer can agree to compel all employees in a designated bargaining unit to pay dues or assessments to the union.
- Wrongful Termination Many Jobcasers toss the words "Wrongful Termination" about with reckless abandon without knowing that it is a true legal term with a true legal definition. Just because someone says they were fired for no reason doesn't mean it was wrongful. Although many individuals who are terminated from their job feel their termination was "wrongful," especially if it was done without cause, the legal definition of wrongful termination is quite specific. To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability. It is also illegal to fire an employee because they lodged a legal complaint against the employer, or because the employee brought the employer’s wrongdoing to light as a whistleblower. Such adverse actions are considered "retaliation" and are unlawful.
Just because you feel you were fired for no reason, or for weak/undocumented circumstances, doesn't mean it was wrongful.
Thanks for the clarification,sometimes we get caught up in our feelings and use the wrong terms this helps alot.
After a heated evaluation with the new President/CEO (of 4 months), I turned to a board member for help. He called the Chairman of the Board. Instead of contacting me to file a grievance, the Chairman reached out to the New President/CEO. I was reprimanded and then terminated within a 2 week time frame. I was a 21 year employee. I wonder if this would fall within the "Whistle Blowing" category?
Excellent explanation, Anthony. Excellent!
You are do correct in most cases. The employee isnt always on a level playing field. I find the Three At Will exceptions to be at least some common sense areas to explore if you believe you were wrongly terminated. This also protects more than discrimination . For me personally, the Covenant of Good Faith and Fair Dealings exception is a saving grace. This is only recognized in 11 states including where my suit will take place in Massachusetts. Part of this exception reads that an employer personnel decisions are subject to a "just cause" standard or that terminations brought in "bad faith" or motivated by malice are prohibited. I have documented and saved any texts I could, but wished I had saved emails. I was locked out of computer by the time i arrived for my surprise party, so emails are very limited (had no clues to my uacceptable term). I received Zero write ups, discipline and a boss obstructing, mis treatment and termed 3 wks after being told of my transfer to a different supervisor. I have worked diligently to get organized and am now searching for the right lawyer to represent me. I wish anyone being mistreated well and hope this helped add more to this much needed conversation and my future redemption. Thank You for reading !
Hey Anthony, This information is spot on! A general understanding on these terms is important for anyone active in today's workforce. At-Will Employment always seems to be the most controversial because many workers are unaware that such a law exists. Being fired without reason is commonly thought of Wrongful Termination but as you outline in your post the term applies to something entirely different. Thanks for sharing!
I, over the course of three days, was attacked by a co-worker. The co-worker was on a “witch hunt” which she believed I purposely doctored documents. While this was never proven to be true, during this process I approached both my immediate manager and upper management to file a harassment complaint. I was told to endure it on numerous occasions and they hoped it would be “over soon”. The next conversation I had with upper management was my termination. When asked during my termination why I was being terminated, I wasn’t told a reason. I understand it’s an at will state, but is it wrongful termination to express concern of harassment and then be fired three days later with absolutely no follow up to my harassment claim?