Many states have at-will employment, just as many employers hire staff at-will. Essentially, an at-will employee is one who has no formal guarantee of job security, and can be terminated at any time, for any reason. This is a major obstacle for employees who wish to file wrongful termination lawsuits, especially if they have no evidentiary proof that their employers broke the law.
You do need to know, however, that an at-will employee does have the same rights as any other worker in the United States. He or she might not have a union representative or a guarantee against loss of employment, but things like discrimination and retaliation are prohibited by law no matter where you live. You can sue for wrongful termination in cases where your employer has violated those laws.
Of course, this can be difficult in states like Texas, where employers aren’t required even to give reasons for dismissal if they so choose. When you aren’t told why you were fired as an at-will employee, it can be difficult to sue for wrongful termination, and even harder to win in the courtroom where the burden of proof falls in your lap. Aside from hiring an experienced, competent attorney, there are a few things you can do to help your case.
1- Subpoena Performance Reviews
When you sue for wrongful termination, even as an at-will employee, you are entitled to collect evidence that will promote your position in court. One such piece of evidence is your employee file, which will contain records of all your performance reviews. Have your attorney subpoena those records to show the judge or jury that you weren’t cited for bad behavior during your tenure.
It is also a good idea to have witnesses when you sue for wrongful termination. Since your evidence is limited as an at-will employee, witnesses can bolster your case in front of the jury. Let them testify that you didn’t do anything to deserve termination, or that you were repeatedly discriminated against for reasons beyond your control. This helps bring the case from a “he-said, she-said” debate to a serious allegation.
3- Show Patterns
One of the best ways to win a lawsuit for wrongful termination is to show the judge or jury that your ex-employer has a track record of discrimination or retaliation in firing at-will employees. For example, if every employee with children has been subsequently fired, it stands to reason that discrimination is involved. Or, if every employee who has ever “blown the whistle” on the employers’ dirty dealings has been terminated, this would show retaliation.
4- Read the Employee Handbook
Some employers state in their handbooks that employees can only be terminated “for cause”, which means that the employer has a valid reason for letting them go. Read your employee handbook carefully for this type of language, and if it exists, the employer will have to give the judge or jury a valid reason for your dismissal. If none exists, you’ll be able to win your wrongful termination lawsuit.
