By Anne Rice, Esquire on Monday, 25 January 2016
Category: Employment

What is an Employee at Will?

In New Hampshire, most employees are "employees at will". This means that you or your employer can terminate your employment at anytime for any reason, with or without notice. Essentially, as an employee at will, your employment is by "mutual consent".

Your employer can't make you stay if you want to leave, but by the same token, your employer can let you go without notice and without giving you a reason. The fact that your termination is unfair or causes you significant loss doesn't necessarily mean that the termination is "wrongful" under the law. 

However, being an employee at will does not give employers the right to terminate employees for discriminatory reasons or in violation of the law. While an employer can fire an employee because they just don't get along, and that might be legal, an a employer cannot fire an employee based upon protected class such as race, religion, nationality, gender, sexual orientation, marital status, veteran status, religion or pregnancy.

Moreover, employers can’t fire an employee for reporting wrongdoing in the workplace, for filing a Worker's Compensation claim or assisting in an investigation into discrimination. 

What's more, not all employees are "employees at will". Some employees are protected by union contracts or contracts of employment which set out an agreed-upon period of employment, specify reasons for termination, require notice or define other rights, terms and conditions of employment.

If you've been fired based on discrimination, in violation of the law or in breach of your contract you may have a wrongful termination claim and you may be able to recover your damages including lost wages, attorney’s fees and compensation for your related emotional distress.

Rice Law Office offers free evaluations for employment discrimination and wrongful termination cases. You can reach us at 603-528-5299 or at our website at Rice Law-Office.com