Employment at Will and Wrongful Termination

Unless an employee is a member of a union or works under an employment contract, most employees are considered "at-will," which means that they can quit at any time for any reason, and that they can be fired at any time for any reason. Employees, however, cannot be fired for an unlawful reason, such as because of their age, disability, national origin and ancestry, race and color, religion, and sex and pregnancy. Employees also cannot be fired in retaliation for engaging in protected activity such as a complaining about unlawful harassment or taking medical leave under the Family and Medical Leave Act (FMLA).

The fact that a termination is unfair or unwarranted does not necessarily mean that it violated the law. A termination is only illegal or "wrongful" if it violates state or federal law or public policy.