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General question: can there be "wrongful termination" in "At-will" states?

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iamnotalawyer

Junior Member
General question: can there be "wrongful termination" in "At-will" states?

What is the name of your state? Texas

This is just a general question. In states like Texas, where employment is at-will, can someone claim 'wrongful termination'? I would believe so, as the HRM could fire you just because of your race. Does at-will simply mean, you work here without a 5-year contract, but as long as you follow the rules, you have a job here? Please tell me what you think.
 


justalayman

Senior Member
What is the name of your state? Texas

This is just a general question. In states like Texas, where employment is at-will, can someone claim 'wrongful termination'? I would believe so, as the HRM could fire you just because of your race. Does at-will simply mean, you work here without a 5-year contract, but as long as you follow the rules, you have a job here? Please tell me what you think.


at will simply means you can be released at any time for any or no reason. You as an employee also enjoy the same discretion in continuing this employment.

Yes, there can be wrongful termination and it would include the race situation as well as any other listed protected class as defined by the EEOC. See here: http://www.eeoc.gov/
 

Beth3

Senior Member
What is the name of your state? Texas

This is just a general question. In states like Texas, where employment is at-will, can someone claim 'wrongful termination'? I would believe so, as the HRM could fire you just because of your race. Does at-will simply mean, you work here without a 5-year contract, but as long as you follow the rules, you have a job here? Please tell me what you think.
At will means that an employee can leave their employment at any time. It also means an employer can terminate an employee at any time so long as it is not for a specifically prohibited reason (of which there are many.) Terminating an employee because of his or her race would definitely be a wrongful termination.

Just following the employer's rules does not mean that you cannot be terminated. For example, if the employer had a downturn in business and needed to reduce the workforce, employees would undoubtedly be terminated even though they were in good standing.
 

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