September 2007
Q. For what reasons can I be fired?
A. Most jobs are "employment-at-will" which means the employer can fire an employee for any reason, unless there is an exception (see next question). However, the reason cannot be illegal (such as discrimination).
An example of a legal firing is: Even though you have received good evaluations, your new supervisor, who has not liked you since day one, decides to fire you. The firing may not be fair, but it is legal.
Q. What are the exceptions to the employment "at will" rule?
A. An employer cannot fire "at will" in the following important exceptions:
1. You are fired based on unlawful discrimination.
Employers cannot fire you only because of your race, color, religion, age, disability, national origin, sexual orientation, or gender. For example, you are Latina and you were fired for a problem for which white co-workers receive only a verbal warning. (See the legal aid flyer: Q & A: Job Discrimination.)
2. You are fired for a reason that violates state or federal law or regulations.
For example, you cannot be fired for taking time off as allowed by the Family and Medical Leave Act (FMLA). You cannot be fired for reporting illegal activities at work, such as health and safety violations or discrimination. (See our flyers Taking Time Off from Work: The FMLA; Your Right to Work in a Safe Place; and Q & A: Job Discrimination).
3. You are a member of a union and your collective bargaining agreement lists the reasons a person may be fired.
Many union contracts say that a person can only be fired for "cause". You may challenge the firing (see your union representative).
4. You have an employment contract which lists the reasons why you can be fired.
Even if you do not have a written contract, a contract may be implied by your employer’s actions, words or practices. A contract may be implied if, for example, there is an employee handbook or a list of disciplinary rules that the employer always follows. For example, the employee handbook says for the 1st violation of a rule, a person is warned; for the 2nd violation, a person is suspended; and for the 3rd, a person is fired. If a person is fired after only one violation, it may be an illegal firing.
Q, What can I do if I think I may be fired?
Write down everything that happens at work that may be important. For example:
Q. What do I do if I was fired under one of the exceptions to the "at will" rule?
A. For a review of your case, call a lawyer. If you are a low-income person, call Statewide Legal Services (1-800-453-3320 or 860-344-0380). If you are a union member, contact your union.
If the cause for firing was illegal discrimination, you can file a complaint with the CT Commission on Human Rights & Opportunities. (Find the regional office near you in the blue pages of the phone book or call 1-800-477-5737).Also, call the U.S. Equal Employment Opportunity Commission (1-800-669-4000). If you were fired in violation of the FMLA, you can file a claim with the Connecticut Department of Labor, (860) 263-6790 or the United States Department of Labor, toll free at 1-866-487-9243.
This information is based on laws in CT as of 9/2007. It is not intended as legal advice for an individual situation; individuals should consult with a lawyer if possible. Produced by the Legal Assistance Resource Center of CT