b'At-Will EmploymentWho, What, Why . . . Who does it apply to: All employers regardless of how manyAct [ADA] and Rehabilitation Act); genetic information (under employees they have. the Genetic Information Non-Discrimination Act [GINA]); or military status (under the Uniformed Services Employment What does at-will employment mean: You might be inclined toand Re-employment Rights Act [USERRA] and TLC).think that it means that employees serve at the will of the masterPolygraph: Employees may not be discharged for refusing to or at the masters pleasure. While this historically makes sense,take prohibited polygraph examinations under the Employee at-will employment is something more. It represents the ideaPolygraph Protection Act (EPPA).that employer and employee are each free to terminate theirWithoutrequirednotice:Employersengaginginamass relationship at any time without any strings attached for goodlayoffmustfollowtheWorker AdjustmentandRetraining reason, bad reason, or no reason. Notification Act. In retaliation:Employees may not be discharged in retaliationWhy an entire section devoted to it then: If there are no stringsfor making a complaint of discrimination or coming to the aid attached, why would we need this section? As I tell clients, at- of another person who makes a complaint of discrimination will means you can let them go, but it does not mean they wont(Title VII, ADEA, ADA, GINA, and USERRA).Employees also sue you to claim it was for an illegal reason. The courts andmay not be terminated in retaliation for taking medical leave legislature have created exceptions to the at-will doctrine. This(undertheFamilyMedicalLeave Act[FMLA]),approved section will help you minimize the risk you will be sued. military leave (USERRA), responding to a subpoena (TLC), attending jury duty or a political convention (TLC), making What is the exception created by the courts: Employees cannota good-faith workers compensation claim (TLC), refusing to be discharged solely for refusal to commit an illegal act. Thisjoin a union or participate in an abortion (TLC), or, believe it or doesnotincludeactswhichwouldbringanadministrativenot, refusing to make a purchase at a company store (TLC).penalty or a lawsuit down on the employer. And, it only works ifWage and hour: Employees may not be discharged for making the sole reason for termination was the refusal. a claim for overtime, unpaid minimum wage, or other claim under the Fair Labor Standards Act (FLSA). Employees also What are the exceptions created by a statute: There are a bunch.may not be discharged for complying with an investigation Both the federal and state legislatures have created exceptionsby the Department of Labor (DOL). to the at-will doctrine:Healthandsafety:Employeesmaynotbechargedfor Union or pre-union activity: Employees may not be dischargedfilingcomplaints,assistingininvestigations,testifyinginforbeinginaqualifiedunion,actingunderacollectiveaproceedingorotherwiseexercisingtheirrightsunder bargaining agreement, or engaging in pre-union concertedthe Occupational Safety and Health Act (OSHA), Hazard action(complainingaboutthetermsandconditionsofCommunication Act, or Agricultural Hazard Communication employment). Act. Discrimination: Employees may not be discharged because ofEmployment benefits: Employees may not be discharged to their membership in a protected class, e.g. race; sex; sexualprevent them from vesting in employee benefits.orientation;pregnancy;nationalorigin;religion(Under Returning from military service: Under USERRA, a veteranTitle VII, the Texas Labor Code [TLC], and other laws); agecannot be let go for a year after returning from duty without (under the Age Discrimination in Employment Act [ADEA]);cause.disability or handicap (under the Americans with Disabilities 23'