ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Being Fired

Are there any laws that affect an employer's ability to fire employees at will?

Yes, the National Labor Relations Act (NLRA) , Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) all prohibit an employer from firing an employee if the reason for the decision to fire is based on the employee's union activity or membership in a protected class--race, sex, religion, national origin, color, age, or disability. Most federal laws regulating the workplace also prohibit employers from retaliating against workers who assert their rights under federal law. (See the "Whistle-blowers" sidebar.)

Moreover, many state antidiscrimination laws protect a broader class of workers from discrimination in firing. For example, Wisconsin prohibits firing based on weight, height, or sexual orientation. (For further discussion of the antidiscrimination laws, see page 423, "Discrimination in the Workplace.")

One state, Montana, expressly requires an employer to have good cause in order to terminate or lay off a worker.

Finally, several states, such as New Jersey and California, have passed laws to protect "whistle-blowers" from being fired.