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Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.
The courts also recognize an exception of “an implied covenant of good faith and fair dealing,” meaning that employers are not allowed to fire an employee who has worked for the company for many years, or who is due to receive anticipated financial benefits or a retirement. The courts have said that employers must conduct themselves fairly and in good faith.
State
Contact
Regulations
Despite the general at-will employment doctrine, Alabama has laws that prohibit termination for certain activities:
Ala. Code §25-1-28. Unlawful employment practices – Opposition to employer.
It is an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee to discriminate against an individual because that individual has opposed any practice which is an unlawful employment practice under this article, or because that individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article.
Ala. Code §12-16-8.1. Discharge of employee on jury duty forbidden; when employee must return to work; employee’s cause of action upon discharge; damages; provisions supplemental to other law.
(a) No employer in this state may discharge any employee solely because he serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his next regularly scheduled hour after being dismissed from any jury.
Federal
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None.
Regulations
None.