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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.
If there is no union agreement, Maine law does not require a discharge notice or a reason for discharge. However, an employer may not discriminate against an employee because of race, creed, color, national origin, sex, age, religion, or mental or physical handicap.
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.
State
Contact
State of Maine Department of Labor – Bureau of Labor Standards
Regulations
Title 26, Chapter 3, §42-B Employer Notice and Posting Requirements
Employers are required to post a notice provided by The Bureau of Labor stating that employment is at-will unless the employee is covered by a collective bargaining agreement or other contract that limits termination.
Federal
Contacts
None.
Regulations
None.
