Most jobs here in the U.S. fall under the “at-will employment” category, meaning that your boss has a lot of freedom when it comes to firing you. (Government and union employees are common exceptions.) If you are fired, it’s good to know if the reason for your termination was valid – and what to do if it wasn’t.
What You Can Be Fired For
- Breaking any clauses of your employment contract. Your contract may cover some or all of the following areas: violence in the workplace, drugs and alcohol usage, and morality clause. If you didn’t read your employment contract closely when you signed it, now’s the time.
- Abusing computer privileges. Be careful that you don’t waste too much time checking personal email, shopping online, and engaging in social media. Many companies have restricted computer access for employees to cut down on wasted time. So keep your posting to a minimum from 9 to 5. And don’t say anything nasty about your boss or coworkers online – you can’t be fired for posting about workplace conditions on Facebook, but you might be fired for personal attacks.
- Lying habitually. Being back-handed and double-dealing may help in the short term, but it’s not a viable long-term strategy. Keep in mind that you can be fired any time if they discover a lie on your résumé, so just don’t do it.
- Being tardy or absent a lot. Your employer, by law, must allow you time away from work without penalty if you are called to testify in court or are summoned for jury duty. Likewise, you are given time for maternity or paternity leave as per the stipulations in your contract. Apart from these common situations, it’s not a good idea to take long periods of time off work. (Professors who go on sabbatical are an exception.) Whether you’re absent or late, your work suffers, and that’s what your boss cares about.
- Underperforming. Do your job and do it well.
What You Can’t Be Fired For
The truth is, as long as you live in an at-will state (which is every state except for Montana), and you don’t sign an employment contract stating otherwise, you can be fired for just about anything. Maybe you don’t fit in and your coworkers don’t like you, or maybe your poor personal hygiene is the reason your boss wants you out. But there are some things you cannot be fired for:
- Being who you are. You cannot be fired for your race, origin, faith, gender, sexual orientation, physical disability, or age (if you’re over 40).
- Being/getting pregnant. You also cannot be fired because the company doesn’t want to pay you for maternity leave.
- Joining a union. But if your company hires union-only employees and you stop paying dues and are kicked out, you could lose your job for not being a union member.
- Complaining about workplace conditions. So-called “whistle-blowers” are protected from termination or demotion if the employer decides to retaliate.
- Refusing to take a polygraph test. Don’t let your boss strong-arm you into taking a lie detector test if you don’t want to. You can’t be fired for saying no.
- Because your company wants to avoid paying you a commission.
Wrongfully Terminated? Sue
If you were fired for one of the above reasons, or you feel that you should not have lost your job, you can sue. That’s why it’s crucial not to sign any termination documents until you’ve had a chance to look them over.
There is no generalized “wrongful termination” complaint; you’ll have to sue on the grounds that they broke a particular law in firing you. Speak with a lawyer for advice on how to proceed.
5 comments
Jacob hartmann
My friend sent a short sexual text message using my phone without my consent to a coworker of mine whom I have never gotten along with. My friend said he will step forward if it comes down to my job. Yet I am still worrried I will get fired because, not trying to sound like a child here but it is well known that she is the "favorite" of my boss and has considerable pull with her. Would it be unlawful of her to fire me??
Matthew Cooke
Hi Jacob, it sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through this blog, but they do in the forum — usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you’re ready: http://www.avvo.com/ask-a-lawyerhttp://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advicehttp://www.avvo.com/free-legal-advice. I hope this is helpful!
Erica
My manager told me to use my breast pump in the employee bathroom
e.j.
Hi
Thanks for your informative advice. I am a NY state union worker UFCW. I was fired after decades working for the same company. Can you tell me if they can fire me for a so called policy infraction that I wasn't aware of?
Thanks,
E.J.
Danielle Post
Hi E.J., It sounds like you have a legal question that would be best answered by an attorney in our free Q&A forum. Attorneys do not provide advice through our blog, but they do in the forum, usually within the first day or two of posting. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. Avvo also offers a wealth of legal information in our Knowledge Base here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Best, Danielle