• Most employment agreements are at-will, meaning the employer can terminate the employee for many reasons as long as the reason does not discriminate.

In 49 states (all but Montana) and Washington D.C., employers may terminate employees at any time and for any reason, as long as that reason is not illegal, such as retaliation for protected activity or discrimination against a protected characteristic, such as gender, race, religion, age over 40, etc. There are a few exceptions to the at-will doctrine. States may, however, have additional protected categories.

This is called the at-will doctrine, and under the at-will doctrine an employer is technically free to terminate an employee based on any nondiscriminatory factor, including the color of their shirt or the sports team they cheer for. Since those characteristics aren’t legally protected, nothing is stopping an employer from using them as grounds for termination. In such cases, courts almost always side with the employer. It might sound absurd, but if an employer wants to fire an employee solely for wearing purple shoes, the law is probably on the employer’s side. Most employers, however, prefer a more logical approach.