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State Comparison
State
Summary
Alabama has laws that prohibit termination for certain activities, such as for opposing unlawful employment practices.
Employers cannot discharge or otherwise discriminate against an employee because the employee filed certain complaints about employment practices; or for certain discriminatory reasons.
Arizona statutes offer employees protection from discharge if the employer breaks public policy. The statutes also offer protection against constructive discharge.
Arkansas law recognizes at least four exceptions to the at-will doctrine, excluding implied contracts and estoppel. These are:
- Cases in which the employee is discharged for refusing to violate a criminal statute;
- Cases in which the employee is discharged for exercising a statutory right; ·
- Cases in which the employee is discharged for complying with a statutory duty; and
- Cases in which employees are discharged in violation of the general public policy of the state.
- Personnel manuals or employment agreements can negate at-will status.
No employer may discharge any employee by reason of the fact that the garnishment of his wages has been threatened or subjected to garnishment for the payment of one judgment.
Colorado statutes offer employees protection from discharge if the employer breaks public policy.
Connecticut has no state laws governing at-will employment.
According to the Court of Chancery, in Delaware, employment or continued employment may serve as consideration for an at-will employee’s agreement to a restrictive covenant.
The District of Columbia has no rules governing at-will employment.
Florida has no state laws governing at-will employment.
Georgia has no state laws governing at-will employment.
Hawaii has no state laws governing at-will employment; however, Chapter 388 of the State Labor Code establishes a clear mandate of public policy to protect at-will employees from being discharged for asserting the rights accorded to the employee by its provisions.
Discharging or discriminating against employees asserting rights under minimum wage law, or retaliating against employees asserting legal rights, is prohibited. Discharging from employment for garnishment is prohibited.
The Equal Pay Act of 2003 prohibits the discharge of employees who exercise their rights under the Act.
State courts have recognized the concept of public policy exception to the at will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.
An employer cannot discharge or otherwise discriminate against an employee because the employee filed a complaint, assigned a claim, or brought an action regarding certain employment practices. An employer cannot discharge an individual because of wage garnishment for indebtedness.
Employees are protected from discharge when serving on a jury or as a witness; after filing a complaint or bringing an action related to employer-employee relations or unsafe or hazardous workplace conditions; or because of military leaves of absence.
Kentucky has no state laws regarding at-will employment.
Louisiana law prohibits discrimination on the basis of pregnancy or childbirth, sickle cell trait, handicap, and smoking. Under the state “whistle blower’s law,” the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation, or objects to or refuses to participate in an employment act in violation of law.
Louisiana employees may not be disciplined or discharged at-will for:
- Being called to military service;
- political opinions or voting;
- exercising right of association;
- wage garnishment;
- filing a workers’ compensation claim; or
- being called to jury duty (the employer must also pay the employee one day’s wages during the jury service).
There is an at-will exception under certain union agreements.
Exceptions to employment-at-will may exist for: serving jury duty; military leaves of absence; wage attachment for any one indebtedness; or insisting on rights under overtime, minimum wage, or workers’ compensation laws.
Massachusetts law does not require a discharge notice or a reason for discharge.
Michigan has no state laws on at-will employment.
Minnesota law does not require a discharge notice or a reason for discharge. The employer can fire any employee for any reason as long as that reason is not illegal, such as discrimination. An employer must give a truthful reason why an employee was terminated, if requested in writing by the employee. Request must be made within 15 working days of termination. The employer has 10 working days from receipt of the request to give a truthful reason in writing for the termination.
Mississippi law does not require a discharge notice or a reason for discharge. An employer can fire an employee for any or no reason, as long as it is not discriminatory.
Unless there is a written employment agreement, an employer may dictate or change the terms and conditions of employment. The employee can either agree to the terms and conditions, or refuse them and risk termination.
Montana is not an “at will” state. Generally cause is needed for termination after an employee completes the probationary period.
Nebraska prohibits discrimination or discharge based upon discrimination.
The employer cannot discriminate based on sex, race, color, national origin, age, religion, or disability.
New Hampshire has no state law regarding at-will employment.
Exceptions may apply if there is an employment contract or an implied contract based upon statements in the employee handbook which limit the employer’s reasons for discharge.
Employers are prohibited from discriminating on the basis of a serious medical condition, or, if there are 50 or more employees employed, spousal affiliation. New Mexico prohibits discharge based on membership in the National Guard or state defense force, for military leave of absence, or voting.
New York prohibits an employer from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union.
The Retaliatory Employment Discrimination Act (REDA) protects against retaliation when an employee engages in activities protected under the Occupational Safety and Health Act, the Mine Safety and Health Act, the North Carolina Wage and Hour Act, and the Workers Compensation Act, as well as for carrying the sickle cell trait, use of genetic testing information, participating in the North Carolina National Guard, and participating in the juvenile court system concerning the employee’s child.
In North Dakota, any employment relationship without a specified term exists at the will of both parties (employer and employee) and can be terminated by either party at any time, with or without cause. However, an employer may not terminate an employee because of the employee’s race, color, religion, sex, national origin, age, disability, marital status, pregnancy, status with regard to public assistance, or participation in lawful activity off the employer’s premises during non-working hours which is not in direct conflict with the essential business related functions of the employer.
Discrimination in employment, including discharging an employee based on disability, is against the law.
Oklahoma has no state regulations on at-will employment.
Oregon has no state regulations on at-will employment.
State law prohibits discharge on the basis of race, creed, color, age, religion, sex, or similar reason.
Rhode Island law does not recognize any exceptions to employment at will.
South Carolina prohibits employment discrimination based on race, sex, age, religion, color, national origin, and disability.
South Dakota law states that an employment having no specified terms may be terminated at the will of either party on notice to the other, unless otherwise provided by statute. South Dakota law states that an employer may discharge any employee whether engaged for a fixed term or not if, being employed about the person of the employer or in a confidential position, the employer discovers that he has been guilty of misconduct before or after the commencement of his service of such a nature that, if the employer had known or contemplated it, he would not have so employed him.
Under the Tennessee “Whistle Blower’s Law,” the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law.
There are several exceptions to “at-will” employment in Texas, both statutory and court-made. Termination may not be based upon:
- Military duty, jury duty, or voting; ·
- Engaging in union activity;
- Common law exceptions (i.e., exceptions found in court decisions);
- Refusal to commit a criminal act;
- Contractual — if a discharge would violate an express employment agreement, it would be a wrongful discharge; includes collective bargaining agreements;
- Terminating employees to avoid paying them pension benefits; or
- Discharging employees for reporting violations in handling of hazardous chemicals.
Utah law does not require a discharge notice or a reason for discharge.
Employers may not discriminate or discharge based on age, sex, race, creed, national origin, physical or mental impairment, pregnancy, or sexual preference.
Virginia law prohibits discharge of an employee because the employee filed a safety or health complaint, or has testified or otherwise acted to exercise rights under the safety and health provisions of Virginia Code.
Under state law, employees are protected from discharge:
- Based upon participation in proceedings in regard to unpaid wages;
- Based upon participation in proceedings in regard to enforcement of wage, hour, or working condition regulations;
- Within a year of reinstatement following military service without cause, or where discharge is based on membership in state militia;
- Under the state’s whistleblower law; or
- When an employee is a volunteer firefighter and responds to a fire.
West Virginia prohibits discharge in the case of:
- Use of tobacco by the employee;
- Filing of a complaint or participation in proceedings relating to workplace safety; or
- Complaints about payment of wages.
- Terminated employees may also have the option of seeking civil recourse through a private attorney for wrongful termination.