One of the most common questions that I receive from callers is “can I be fired for any reason?” The answer, as I often have to admit, isn’t so simple. Minnesota, like many other states, recognizes the concept of “at-will” employment and therefore most employees who are hired in this state are hired “at-will.” When people ask me to describe for them what means to be an “at-will” employee, here’s what I tell them:
An “at-will” employee is an employee who does not have an employment contract and therefore may leave their job at any time. The flip side of this is that the employer may terminate that employee at any time and for almost any reason (I’ll explain below) or even for no reason at all. Yes, you read that correctly: your employer can technically fire you without any reason whatsoever. But hold on…
Even though an employer can legally terminate an employee under most circumstances, there are some exceptions. And an employer who fires an employee for one of these exceptions runs the risk of being sued for wrongful termination. These exceptions include things like workplace discrimination, taking medical leave for yourself or a family member, retaliating against you for reporting your employer’s illegal activity or complaining about wage and hour violations, and sometimes things like employee handbooks and personnel manuals will limit your employer’s ability to fire you.
So how do you know whether you fit within one of these exceptions? The best way is to pick up the phone for a free consultation with an employment attorney and describe your specific situation. The Twin Cities has some great employment attorneys, and most of us are willing to spend some time on the phone for no charge. If you’d like to schedule a free consultation with me, just pick up the phone and dial (612) 351-0084. If I can’t help you, I’ll happily provide you with the names and numbers of other attorneys until you find someone who can.