Although your employer may have told you that you are an “at will” employee who can be terminated at any time, for any reason, sometimes the termination of an “at will” employee may still be unlawful. For example, if your employer terminates you or selects you for lay off because of your age, race, sex, pregnancy, gender, ancestry, national origin, sexual orientation, military status, genetic information, handicap, or disability, you may have a claim against your employer. In addition, if you are an “at-will” employee and your employer terminates you or selects you for lay off in retaliation for your complaining about discrimination, sexual harassment, pay policies, unpaid wages, unpaid commissions or unpaid overtime, you may have a claim against your employer.

In addition, in Massachusetts, if your employer terminates your employment to cheat you out of commissions that are expected to become due soon, you may have a claim to recover those commissions. In other circumstances, if your employer asks you to do something that is “against public policy,” such as lying under oath or in a report to a government agency, then terminates you if you refuse, you may have a claim against your employer. Similarly, if you work for a publicly traded company, federal law prohibits retaliation against employees who are whistleblowers, in certain circumstances.

At Miller Employment Law, we can help at will employees determine whether they have experienced a wrongful termination, and we can represent you if you have such claims.

If you believe you have been wrongfully terminated, please contact us: