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Ask the Employee Rights Attorney: What is “Employment at Will?”

Question: What is “employment at will?” Does this mean that I have no rights if I’m fired for a bad reason?

Answer: “Employment at Will” is the general concept that the employment arrangement is voluntary. The employer can fire his or her employee “at will” (whenever he or she wants) and the employee can quit “at will.” Almost.

Virginia employee rights attorneys at Dave Albo – Attorney would have little to do if the “employment at will” doctrine was absolute. Here are the most common employee rights that form an exception to the “employment at will” doctrine:

Contracts – An employee can negotiate a contract that limits termination absent a “cause.” Much federal and state employment is effectively “for cause.” Most employees think they have this form of contract; few actually do.
Discrimination – An employer cannot terminate an employee if doing so is based on the employee’s race, creed, religion, national origin, sex, handicap, disability, pregnancy, or age. (In Maryland and the District, but not Virginia, it is unlawful to fire an employee because of the employee’s sexual orientation).
Retaliation – An employer cannot fire an employee who complains about discrimination or for retaliation over a number of protected activities, such as participation in jury duty or refusal to commit a crime. This is a powerful remedy. Even if the the employer did not discriminate against the employee, if he or she fires the employee as a result of the wrongful accusation, the employee can sue for wrongful termination as if the accusation was true under the retaliation doctrine.
Unions – Many union contracts ban terminations “at will.” In addition, the National Labor Relations Board punishes employers who terminate employees who are seeking to unionize the workplace or are otherwise involved in union activity.

Often, an employee is upset with his or her employer for some slight that doesn’t rise to an exception to the “at will” employment doctrine. The law is not a general civility code. If the employer is not “nice” or acts “unprofessionally,” “yells at” or “demeans” an employee, there is probably no wrongful termination cause of action to defeat the “at will” doctrine. The Virginia employee rights attorneys at Albo-Dave Albo – Attorney look behind the entire employment relationship to uncover different causes of action. For example, a terminated employee may have an awful case for discrimination, but the employee rights attorney may see that there is a great case for seeking damages under the wage-hour laws. (The wage-hour laws require an employer to pay the minimum wage, plus “time and a half” for overtime). Or, the employee may have been improperly classified as an “independent contractor” instead as a W-2 employee. (Employers have the incentive to call all their employees “independent contractors” if they could; it saves them a lot of money in taxes. Many overreach). In both of these cases, an employer could have a cause of action against the employer for violating the employee’s rights. Attorneys can help identity causes of action that may not be obvious to the employee.

Questions About Employee Rights? Consult with an Albo-Dave Albo – Attorney Attorney

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Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
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   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
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   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.