Imagine that you are injured in a work related accident and you need a few days to recover. You file for Worker's Compensation benefits and figure that when you're back in shape you can return to work. The next thing you know you're fired! What do you do? You hire a lawyer, believing that in America an employer should not be able to fire you for exercising your legal right to file a Worker's Compensation claim. As the court issues its decision, you are in disbelief. The court rules that you have no legal standing and cannot sue for the employer's retaliatory firing.

You don't have to imagine such a story. In August of 1997, the above story was a reality for a Pennsylvania man. The Pennsylvania Superior court ruled that because the man was an at-will employee and was not covered by a contract (such as a union contract), the "employer may terminate an employee at any time or any reason or for no reason".

According to the American Civil Liberties Union, two million at-will-employees are fired every year. Of those two million workers, an estimated 200,000 are fired for no reason. How can that be? Hard working, on-time, conscientious employees fired for no apparent reason?

If you think you are exempt from the whims of your company or boss, think again. Most Americans don't realize that unless you work for the government or belong to a union, under the laws of nearly all the states you are considered an "at-will-employee" and it is perfectly legal for your employer to fire you for no reason at all! Check your Employee Handbook... you're sure to find your "at will" employment status clearly explained in the first few pages!

The California Supreme Court recently ruled in Dore vs. Arnold Worldwide, Inc., 06 C.D.O.S. 7078 (August 3, 2006) that employment "at will" means that employment is considered indefinite and voluntary for both employer and employee, and that either party may end the employment relationship at any time. An employee is free to quit for any or even no reason at all. And an employer may fire or layoff for any or no reason at all. Dore sued his employer for unlawful termination, but the court found that he had signed a company document that stated his employment was "at will" and could be terminated at any time.

Because this ruling is precedent setting, it affects employers all across the nation.

Of course there are exceptions. You may not be fired on the basis of race, religion, age, sex, national origin, disability or for trying to organize a union in your workplace. In addition, some states provide moderate protections such as wrongful termination due to whistle-blowing, but those protections are growing fewer by the day.

However, the only sure way to protect yourself is to join a union and negotiate the terms and conditions of your employment in a collective bargaining agreement.

To find out more about how you can protect yourself, contact the District 725 Organizing Department Today!