IS YOUR TERMINATION LEGAL

By Kimberly Robinson Williams

You return to work on Monday morning to find that you have been terminated. Yikes! You are surprised beyond words. You recently received a positive performance review. Your manager even told you, “You are destined to great things if you continue to perform this well.” But today, the same manager explains, “I had no other choice. I’m sorry.” You feel as though you have been unfairly terminated--maybe because you’re one of very few people of color working for your employer. You question whether your manager may be racist. Maybe you’ve been targeted because you don’t possess a college degree. And, you are healthy, but closer to retirement age than many others. In the weeks following your termination, some friends advise you to sue your past employer while others tell you that you have no recourse. What do you do?

A 1908 Supreme Court ruling, Adair v. United States, determined that employees who do not have contracts guaranteeing employment for a specific period of time are considered to be “at-will employees” giving employers the right to terminate them at any time and for any legally permissible reason. (Employees also have a similar right to resign whenever they want.)

This may lead you to believe that you have no recourse… That may not be so. In the nearly 100 years since the ruling in Adair, other court findings have created exceptions to this general rule giving employees some measure of protection. Following are just a few:

If you can prove that your

n Termination violates some public policy or

n Termination violates a “whistleblower” statute or statutory anti-retaliation provision or

n Employer’s action constituted a wrongful act (or, in legal jargon, a “tort”) or

n You are in a specially protected class under federal or state discrimination laws

Attorney Cynthia Tucker Curtis, Commissioner of the Massachusetts Commission Against Discrimination, advises the following: “In the above scenario, MCAD would assess the facts, inform the employee of their rights and any violation of those rights which the MCAD is charged with protecting. The MCAD would investigate the civil rights violations. If the MCAD is not the appropriate forum to address the issue, the employee would be directed elsewhere.” Tucker also indicates, “It is important that individuals document the conduct which gives rise to their complaint and that they file the complaint in a timely manner.”

Point of View is not in the business of providing legal counsel to our readers. So, our advice is, if you have any questions about the legality of your termination, consult an employment lawyer or someone else with the knowledge to give accurate advice for your specific circumstance. The MCAD is a great place to start. You can find them at 436 Dwight Street, Second Floor, Room 220, Springfield, MA 01103, (413) 739-2145, http://www.state.ma.us/mcad/n