Wrongful Termination

Wrongful termination is when an employer fires an employee for an illegal reason, such as discrimination or retaliation. An example of retaliation is when an employee asserts a right to past due overtime wages, and the employer immediately fires the employee.

In Alaska, employment is presumed to be at-will unless there is a written employment contract or a statute that provides otherwise. At-will employees can be fired for any reason or no reason at all, as long as the reason is not discriminatory or retaliatory.

Every employment relationship has an implied covenant of good faith and fair dealing. Even in an at-will employment state, employers are still bound by the implied covenant of good faith and fair dealing. This means that employers cannot fire employees for discriminatory reasons or for reasons that are “antithetical to the implied covenant.”

When an employer fires an employee for an illegal reason, such as discrimination or retaliation, the employee has multiple options. If the reason for the firing was discrimination, the employee will need to bring a claim before the Alaska State Commission for Human rights and/or the Equal Employment Opportunity Commission. If, however, the employee is terminated for a reason other than discrimination, the employee may bring a civil lawsuit. An example of a non-discrimination purpose would be asserting a claim to overtime pay.

Our legal team has the expertise to ensure that an employee’s rights are protected. We can assert claims for compensation and damages due to wrongful termination, and we are well versed in keeping an employee’s best interest in mind in situations where an employer does not.