4 ms·
I'm not sure what you're saying, but if you're asking about how an at-will harasser could win a wrongful termination case, it's worth noting that "at-will" does
by jcrben 10y ago
I'm not sure what you're saying, but if you're asking about how an at-will harasser could win a wrongful termination case, it's worth noting that "at-will" does not actually mean you can "fire whenever for no reason". There are various exceptions; the most open-ended is probably an implied contract or an implied covenant of good faith. You might look at https://en.wikipedia.org/wiki/At-will_employment#Covenant_of_good_faith_and_fair_dealing_exceptions_.28a.k.a._.22implied-in-law.22_contracts.29 https://en.wikipedia.org/wiki/At-will_employment#Covenant_of...
Regardless of whether the state recognizes an implied covenant of good faith, most states recognize that people can be fired illegally. It can easily come down to a "he said, she said" situation. And if your employee has a long history with the company or did important work, there is a decent chance they can pull together a story for why their firing was improper. Even if no damages are awarded, the attorney fees and time can be quite expensive.
I do recall a specific case not to long ago in Alaska where a police officer sexually harassed a couple coworkers and then was reinstated by an arbitrator. You can read about it here: http://www.leagle.com/decision/In%20AKCO%2020150417013.xml/ALASKA%20POLICE%20STANDARDS%20COUNCIL%20v.%20PARCELL http://www.leagle.com/decision/In%20AKCO%2020150417013.xml/A...
I doubt cases like the Alaska one above are all that uncommon, altho admittedly the collective bargaining agreement has a major impact. California, in particular, is a notoriously friendly place for employment litigation, moreso than Alaska.
- tptacek 10y agoUnless you're in Montana, as a practical matter, yes, "at will" means "you can fire whenever for no reason".