At-will employment by state: when firing is illegal

No federal law makes jobs at-will or requires a reason to fire. That starting rule comes from state law. What federal law does is list reasons an employer may not use. If one of them is the real reason for a firing, the firing is illegal even in an at-will job.

• Discrimination. Employers with 15 or more employees may not fire you because of race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, disability or genetic information. Age discrimination against workers 40 and over is banned at employers with 20 or more employees.
• Retaliation. The same laws ban firing you for complaining about discrimination or taking part in an investigation.
• Protected leave. The Family and Medical Leave Act (FMLA) gives up to 12 weeks of job-protected leave if your employer has 50 or more employees within 75 miles and you have worked there 12 months and 1,250 hours in the past year. Employers may not interfere with that leave or retaliate for using it.
• Talking with coworkers. The National Labor Relations Act protects most private-sector workers who are not supervisors when they discuss pay or working conditions with coworkers, act together, or organize, with or without a union.
• Whistleblowing. OSHA handles retaliation complaints under more than 20 federal whistleblower laws covering safety, financial and other violations. Deadlines are short: 30 days to file a retaliation complaint with OSHA for a workplace safety complaint.
• Military service. After military service of more than 30 days, a reemployed service member may be fired only for cause for 180 days (service of 31 to 180 days) or one year (service of more than 180 days).
• Mass layoffs. The WARN Act requires 60 days' written notice before a plant closing or mass layoff by an employer with 100 or more full-time employees. A plant closing covers 50 or more job losses at one site; a mass layoff covers 50 to 499 workers who are at least 33% of the site's workforce, or 500 or more.

Law: 42 U.S.C. § 2000e et seq. (Title VII); 29 U.S.C. § 621 et seq. (ADEA); 42 U.S.C. § 12101 et seq. (ADA); 29 U.S.C. § 2615 (FMLA); 29 U.S.C. §§ 157–158 (NLRA); 29 U.S.C. § 660(c) (OSH Act § 11(c)); 38 U.S.C. § 4316(c) (USERRA); 29 U.S.C. § 2101 et seq. and 20 C.F.R. part 639 (WARN). Official: EEOC: Time limits · U.S. DOL: FMLA · OSHA whistleblower complaints

California writes the at-will rule into its Labor Code: "An employment, having no specified term, may be terminated at the will of either party on notice to the other" (Cal. Lab. Code § 2922). Courts treat this as a presumption, which an employee can overcome. Beyond that, California adds many limits on firing.

• Discrimination and harassment. The Fair Employment and Housing Act (FEHA) bans firing based on race, religion, sex and pregnancy, sexual orientation, gender identity, age (40+), disability, military or veteran status and other traits at employers with 5 or more employees. Harassment is banned at every workplace, whatever its size.
• Protected leave. The California Family Rights Act gives up to 12 weeks of job-protected leave at employers with 5 or more employees, once you have worked there more than a year and 1,250 hours. Firing someone for using paid sick leave is also illegal. A firing within 30 days of a sick-leave complaint, cooperating in an investigation, or opposing a violation is presumed retaliatory (Cal. Lab. Code § 246.5).
• Whistleblowing. You are protected for reporting a suspected violation of law to a government agency, law enforcement, a supervisor, or a coworker who can fix it, even if reporting is part of your job. You are also protected for refusing to take part in something that would break the law (Cal. Lab. Code § 1102.5).
• Labor Code complaints. Firing you for complaining about unpaid wages or using other Labor Code rights is illegal. If it happens within 90 days of the protected activity, the law presumes retaliation, and the employer must rebut it. Penalties run up to $10,000 per employee for each violation (Cal. Lab. Code §§ 98.6, 1102.5). Safety complaints are protected too (Cal. Lab. Code § 6310).
• Public-policy exception. Courts allow a wrongful-termination claim when a firing violates a fundamental public policy found in a statute or the constitution, such as firing someone for refusing to break the law, for reporting a violation, or for using a legal right.
• Implied promise of job security. An employer can promise, by words or conduct, to fire only for good cause. Courts look at personnel policies and practices, length of service, raises and promotions, and assurances of continued employment. Length of service, raises and promotions alone are not enough.
• Good faith and fair dealing. This implied duty protects the benefits of an agreement you actually have. By itself, it does not turn an at-will job into one that requires cause.
• Mass layoffs. Cal-WARN requires 60 days' notice from a covered establishment (75 or more full- or part-time employees in the past 12 months) before a layoff of 50 or more workers within 30 days, a closure, or a relocation of 100 miles or more. Since January 1, 2026, the notice must also say whether the employer will coordinate support services for laid-off workers (through the local workforce board, another organization, or not at all) and describe the services available.
• Notice of firing. Employers must immediately give written notice when they fire or lay off an employee, according to the Employment Development Department.

Law: Cal. Lab. Code §§ 2922, 98.6, 246.5, 1102.5, 6310, 1400–1408; Cal. Gov. Code §§ 12940, 12945.2. Official: Civil Rights Department: Employment · Labor Commissioner: Retaliation complaints · EDD: WARN

Fired in California? Read our guide to wrongful termination in California, or ask for a free case review.

Washington's at-will rule comes from court decisions, not a statute. Courts recognize both a public-policy exception and enforceable handbook promises.

• Discrimination. The Washington Law Against Discrimination covers employers with 8 or more employees (nonprofit religious organizations excluded). Protected traits include race, creed, sex and pregnancy, sexual orientation, gender identity, age (40+), disability, national origin, citizenship or immigration status, marital status and military status. Retaliation for opposing discrimination is also banned.
• Public-policy exception. Courts allow a claim when a firing undermines a clear public policy. The usual situations: refusing to commit an illegal act, performing a public duty such as jury service, using a legal right such as filing a workers' compensation claim, and reporting employer wrongdoing.
• Handbook promises. Promises in a handbook or policy of specific treatment in specific situations can be enforced. A clear at-will statement can defeat that kind of claim.
• Good faith and fair dealing. Not recognized as a limit on firing an at-will employee.
• Paid family and medical leave. In 2026, job protection under Washington's paid leave program applies at employers with 25 or more employees, once you have worked there 180 days. It extends to employers with 15 or more in 2027 and 8 or more in 2028. Employers may not fire you just for taking approved leave.
• Injury and safety complaints. Firing someone for filing a workers' compensation claim or for a safety complaint is illegal. Complaints go to the Department of Labor and Industries within 90 days.
• Mass layoffs. Since July 27, 2025, employers with 50 or more full-time employees in Washington must give 60 days' written notice before a business closing that costs 50 or more full-time employees their jobs at one site, or a mass layoff of 50 or more full-time employees in any 30-day period. Workers on paid family or medical leave generally may not be included in a mass layoff.

Law: RCW 49.60.040, 49.60.180, 49.60.210; RCW 50A (paid leave); RCW 51.48.025; RCW 49.17.160; RCW 49.45 (mass layoffs). Official: Washington State Human Rights Commission · Paid Leave: Job protection · ESD: Washington WARN

Oregon's at-will rule comes from court decisions. Its statutes reach almost every employer, and every employee is protected for reporting a violation of law.

• Discrimination. Oregon's civil rights law applies to employers with one or more employees. Disability protections and pregnancy accommodation apply at 6 or more. Protected traits include race, color, national origin, sex, sexual orientation, gender identity, age (18+), religion, disability, military status, and marital or family status.
• Whistleblowing. Every employer is barred from firing or punishing an employee for reporting, in good faith, information the employee believes is evidence of a violation of a state or federal law, rule or regulation (ORS 659A.199).
• Workers' compensation. Firing someone for applying for workers' compensation benefits or using that process is illegal (ORS 659A.040).
• Protected leave. Paid Leave Oregon protects your job once you have worked for the employer for 90 consecutive days, and bans retaliation for using it no matter how long you have worked there. The Oregon Family Leave Act applies at employers with 25 or more employees.
• Public-policy exception. Courts recognize a wrongful-discharge claim when someone is fired for fulfilling an important public duty, such as jury service, or for using an important job-related legal right, such as filing a workers' compensation claim.
• Handbook promises. Courts can enforce handbook or policy promises that limit firing. Good faith and fair dealing is not a separate limit on at-will firing.
• Mass layoffs. Oregon has no state WARN law with its own thresholds. The federal WARN Act applies, and Oregon's Higher Education Coordinating Commission receives the notices.

Law: ORS 659A.030, 659A.040, 659A.199, 659A.820; ORS 657B.060 (Paid Leave Oregon). Official: BOLI: Discrimination at work · BOLI: Paid Leave Oregon protections · HECC: WARN

Illinois' at-will rule comes from court decisions. The court-made exceptions are narrow, but recent statutes have broadened protection.

• Discrimination. The Illinois Human Rights Act has covered employers with one or more employees since July 1, 2020.
• Whistleblowing. Since January 1, 2025, the Illinois Whistleblower Act protects employees who disclose, or threaten to disclose, conduct they believe in good faith breaks a law, rule or regulation or poses a substantial and specific danger to employees, public health or safety. The amendments protect reports to a supervisor, not just to the government. Remedies now include a $10,000 civil penalty paid to the employee and liquidated damages of up to $10,000.
• Workers' compensation. Firing or threatening to fire someone for using workers' compensation rights is illegal (820 ILCS 305/4(h)).
• Retaliatory-discharge claim. Illinois courts recognize this court-made claim narrowly, mainly for firings over a workers' compensation claim or over reporting crimes or other violations of law.
• Handbook promises. A handbook can become a binding contract if it makes a clear promise, is given to employees so they know about it, and the employee keeps working. A clear at-will statement usually prevents this. Good faith and fair dealing is not a separate limit on at-will firing.
• Mass layoffs. The Illinois WARN Act covers employers with 75 or more full-time employees and requires 60 days' notice. It applies to a plant closing that costs 50 or more jobs, or a mass layoff of at least 25 full-time workers who are 33% of the site, or 250 or more.

Law: 775 ILCS 5 (Human Rights Act); 740 ILCS 174 (Whistleblower Act, amended by Public Act 103-0867); 820 ILCS 305/4(h); 820 ILCS 65 (WARN). Official: IDHR: Deadline extended · Illinois Department of Labor: WARN

Minnesota's at-will rule comes from court decisions. Minnesota also gives fired workers the right to learn the reason in writing.

• Reason for firing. If you were fired, you can ask in writing for the reason within 15 working days. The employer must give you a written, truthful reason within 10 working days of your request (Minn. Stat. § 181.933).
• Discrimination. The Minnesota Human Rights Act covers every employer with one or more employees.
• Whistleblowing. You are protected for reporting, in good faith, a violation or suspected violation of law to your employer, a government body or law enforcement, and for refusing an order you have an objective basis to believe is illegal, if you tell the employer why you are refusing (Minn. Stat. § 181.932). This puts Minnesota's court-made public-policy exception into statute.
• Workers' compensation. Firing or threatening to fire someone for seeking benefits is illegal, and punitive damages are available (Minn. Stat. § 176.82).
• Paid Leave. Minnesota Paid Leave began January 1, 2026. Job protection starts 90 days after your hire date, and retaliation for applying for or using leave is banned from day one.
• Handbook promises. Courts can enforce handbook promises that limit firing. Good faith and fair dealing is not a separate limit on at-will firing.
• After you leave. Noncompete agreements signed on or after July 1, 2023 are void, so a fired worker generally cannot be blocked from working for a competitor. Nondisclosure and nonsolicitation agreements are not covered by the ban (Minn. Stat. § 181.988).
• Mass layoffs. No separate state thresholds. Employers that give federal WARN notice must also report the names, addresses and occupations of affected employees to the state (Minn. Stat. § 116L.976).

Law: Minn. Stat. §§ 181.932, 181.933, 181.988, 176.82, 363A.03, 363A.28, 268B.09, 116L.976. Official: Minn. Stat. § 181.933 · Minnesota Department of Human Rights · Minnesota Paid Leave

New York courts apply the at-will rule strictly. They do not recognize a general public-policy claim or a good-faith limit on firing, and they enforce a promise of job security only when the employer made an express written limit on its right to fire and the employee relied on it. Protection in New York comes mainly from statutes.

• Discrimination. The New York State Human Rights Law covers all employers in the state.
• Whistleblowing. Labor Law § 740 protects employees, former employees and independent contractors who disclose, or threaten to disclose, to a supervisor or a public body a practice they reasonably believe breaks a law, rule or regulation or poses a substantial and specific danger to public health or safety. It also protects refusing to take part. You have 2 years to sue.
• Labor Law complaints. Firing someone for complaining in good faith about Labor Law violations, such as unpaid wages, is illegal. Courts must award liquidated damages of up to $20,000 to each affected employee, and you have 2 years to sue (Labor Law § 215).
• Off-duty conduct. Employers generally may not fire you for legal political or recreational activities outside work hours, legal use of consumable products including cannabis, or union membership, with exceptions, for example for cannabis impairment on the job (Labor Law § 201-d).
• Paid Family Leave. You have the right to return to the same or a comparable job, and employers may not fire or retaliate against you for requesting or taking leave (Workers' Comp. Law § 203-b).
• Written notice. Within 5 working days, your employer must tell you in writing the exact date your job ended and the date your benefits end (Labor Law § 195(6)).
• Mass layoffs. New York's WARN Act requires 90 days' notice from employers with 50 or more full-time employees in the state, for a plant closing affecting 25 or more employees or a mass layoff of 25 or more full-time employees who are 33% of the site, or 250 or more.
• New York City fast food. Since July 4, 2021, fast-food chains with 30 or more locations nationally may fire a worker who has finished a probation period of up to 30 days only for just cause or a bona fide economic reason. Except for egregious misconduct, the employer must follow a written progressive discipline policy. Economic layoffs go in reverse order of seniority, and the employer must give the precise reason in writing within 5 days.

Law: N.Y. Exec. Law §§ 292, 296; N.Y. Labor Law §§ 195(6), 201-d, 215, 740, 860 et seq.; N.Y. Workers' Comp. Law § 203-b; N.Y.C. Admin. Code §§ 20-1271, 20-1272. Official: NYS Division of Human Rights · NYS DOL: WARN · NYC DCWP: Fast-food worker FAQ