At-will employment and its limits
Most US employment is at-will, meaning an employer can generally end employment for any lawful reason. However, it is illegal to fire someone for discriminatory reasons, in retaliation for complaining or whistleblowing, or in breach of a contract. Federal laws such as Title VII, the ADA, the ADEA and the Fair Labor Standards Act apply alongside state laws, which are often more protective.
Deadlines
Most discrimination claims must first be filed with the EEOC or a state agency, typically within 180 days, extended to 300 days in many states. Wage claims and other claims have their own deadlines. Speak to a lawyer promptly.
Questions to ask a employment lawyer
- What is the deadline for my claim, and when do you need everything from me?
- Do you take cases like mine on a contingency or no win, no fee basis?
- Is there room to negotiate the severance or settlement offer I have been given?
- What evidence should I start gathering now?
Frequently asked questions
Do employment lawyers work on contingency?
Many employee-side lawyers take discrimination, harassment and wage cases on contingency. Employers are usually billed hourly.
Should I sign a severance agreement?
Have a lawyer review it first. Severance agreements usually waive your right to sue, and terms can often be negotiated.
What evidence should I keep?
Keep your contract, payslips, emails, performance reviews, notes of conversations (with dates), and any complaints you have made.