Do they need a performance reason for firing me?


What if your employer hires your replacement and then tells you they want you to find another job, [but] it’s not based on performance? Should I discuss this with an attorney?

 Posted 07-08-2013

Ann Kiernan replies:

Unless you work in Montana, which is the only state that requires good cause for termination, you are an at-will employee and can be terminated anytime, for any reason or even no reason at all. If you have some proof that you are being terminated for an illegal reason, such as: discrimination based on age, race, disability, sexual orientation, or another protected characteristic; retaliation for whistleblowing, filing for workers’ compensation, asking for a reasonable accommodation for a disability, raising ethical issues, or filing discrimination or harassment charges; or in violation of some contractual obligation, then you should certainly consult an employment lawyer in your area. If you do not know one, you could check with the National Employment Lawyers Association. Good luck.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.