Wrongful Termination in Alabama: Key At-Will Exceptions

Alabama adheres to a legal concept regarding employment known as “at-will”. The “at-will” standard means that employers have the right to dismiss an employee just because they want to in most cases.

Although Alabama generally allows employers to dismiss workers for any reason, there are key exceptions, and you can take legal action against your employer if your termination involves one of the following issues.

A major exception to an employer's ability to dismiss a worker without a legitimate reason is called breach of contract. If you have a written contract with a specific start date and end date with your employer and your termination violates the terms of the contract, you then have cause to pursue legal action.

Even in “at-will” employment states, such as Alabama, employers may not terminate workers who take time off from work for certain reasons. Federal law prohibits the dismissal of employees for taking time off from work if the worker leaves for a reason that is protected by government statute.

For instance, a person who must leave work to serve in the military is protected from being dismissed from their job as long as the period of service is five years or less. People who come back to their jobs after serving in the military are also protected from being terminated without good cause for up to one year after they return.

Federal law protects workers who need to take time off due to medical or family issues if the employer has 50 or more employees. You have the right to 12 weeks off a year when you have a serious medical issue or after the birth of a baby. If you need to care for a family member who was injured while serving in the military, you can take 26 weeks off without losing your job.

An employer may not terminate you when you leave to perform jury duty. You have the right to full pay while serving on a jury as well as the right to keep your position.

People who fall under certain categories are protected by federal law from dismissal for a discriminatory reason. An employer may not dismiss a worker because of their race, religion, sex, disability, or national origin. Employers are also prohibited from terminating employees because of pregnancy or because the worker is over 40.

Another key exception to the “at-will” employment standard is retaliation. If you file for workers compensation, for instance, your employer is not allowed to retaliate against you by terminating your employment. The employer may also not fire you for filing a complaint for things such as sexual harassment, opposing discriminatory working conditions, or poor working conditions.

If your employer dismisses you for any of the reasons listed in this article, you may have grounds for a wrongful termination lawsuit. If you choose to pursue a lawsuit, you will need the expert assistance of an experienced litigator. We at Allen D. Arnold Attorney at Law have experience in all types of wrongful termination cases. Contact us to learn more.