I Was Fired For No Reason

As the economy continues to limp along, I am getting more and more calls from workers who say they have been terminated “without cause.” For 99% of those calls, the only thing that I can do is explain to them that they don’t have any legal recourse because Alabama is an “at-will” employment state.

By that, I mean that an Alabama employer can fire an employee for good, bad cause or no cause, as long as the termination is not based on a federally protected reason (race, gender or religion). There is an exception if the worker has an employment contract that can only be terminated “for cause.” Folks with such contracts, however, are few and far between. The rest of this post assumes that you do not have a contract and are not complaining that you were fired for a constitutionally protected reason.

As unfair as it seems, it is and long has been the law in our state. To illustrate how ingrained this legal principle is, consider the following: even if your employer fired you because you refused a directive that would amount to felonious criminal conduct, you would not have a case. Your best chance for reconsideration, as bad as it sounds, is through the company. If your employer has a grievance procedure, study it and follow it to the letter. This generally involves a complaint filed with your company’s human resources department. I often hear the complaint that the HR department always sides with the terminating manager. Whether true or not, it is your only chance.

If that does not work, be careful that you don’t lose your right to unemployment benefits in the process. An employer will often “allow” an employee to “voluntarily” resign when in fact they are being terminated without cause. The pitch is that it will look better to future employers. While it may in some instances, it may also cause you a real problem at the unemployment office. If you need that money to feed your family, do not voluntarily resign and pursue your benefits claim. The State has a web site that is helpful.

Do not hesitate to seek legal advice, however. Most lawyers who do employment work will gladly spend time with you, either in person or by phone, walking you through any options you might have. We will at my office.