Tom McCutcheon – Attorney at Law
Q: I have been employed with the same company for the past 4 years. I really liked my job but recently had an argument with an employee who had been employed with the company for less than 6 months. After a meeting with our supervisor, I was fired but the other employee was not. I asked the supervisor why I was fired and he told me that he didn’t have to give me a reason and that I needed to clean out my locker and leave. I recently found out that other employee was related to one of the other supervisors. Is this discrimination and is there anything I can do?
Robert
Rogersville, AL
A: Although it maybe “morally” unfair that you were terminated and the other employee was not, it is not legally wrong. The State of Alabama, like most of the other States, is an “AT WILL” employment state. This means that an employee works “at the will” of the employer. An employee can be fired for any reason or no reason at all. The employer does not have to give reason or notice for your termination.
The law in Alabama has long been that employment is a privilege and not an entitlement. There are, however, some limited exceptions to the “At Will” doctrine. For example, an employee cannot be terminated for having maintained a claim for worker’s compensation benefits. If a person is injured on the job, returns to work following his recovery, and then is fired, that individual may have a claim for retaliatory discharge. Retaliatory discharge is an exception to the “at will” doctrine specifically provided for in Alabama’s Worker’s Compensation Act.
Other exceptions to the “at will” doctrine include potential claims for discrimination pursuant to the federal Civil Rights Acts. A person cannot be terminated due to their age, race, gender, or religious practices. In addition to the Civil Rights Acts, there are other limited federal exceptions to the “at will” doctrine such as the Americans with Disabilities Act and the Family Medical Leave Act.
Buckle up and drive safely.
256.764.0112
