State and Local Exceptions to Employment at Will

• Author: Randy Freking
• Profession: Labor employment lawyer
• Pages: 83-89

83

CHAPTER

8

State and Local Exceptions

to Employment at Will

In addition to rights created by the federal government, each state has its own set of laws enacted by its

respective state legislatures (“statutory law”), as well as “common law” (also known as “judge-made

law”). Understandably, these laws vary widely from state to state. The following chapters describe the

most common state law protections, either by way of statute or common law.

Most states, but not all, have passed antidiscrimination statutes that bar discrimination on the

basis of race, color, sex, national origin, religion, disability, and age. Some state laws apply to employ-

ers smaller than those covered by federal law. Some have also gone further than the federal govern-

ment and enacted protections on the basis of such “protected characteristics” as sexual preference and

marital status.

Many states, but not all, also provide antiretaliation protection to employees who suffer work-related

injuries covered by the state’s workers’ compensation law or engage in whistleblowing of illegal, criminal,

or unsafe working conditions. Others (e.g., Indiana) offer protection against “blacklisting” former em-

ployees to keep them from gaining other employment.

If you work for a large employer, knowing your federal rights should be of paramount concern. How-

ever, you should also be aware that your state may provide additional protection against unfair treatment

on the job.