It's All Too Easy to Get Fired in America: In 49 of 50 States, You Can Be Fired for Any Reason

http://www.alternet.org/economy/its-all-too-easy-get-fired-america-49-50-states-you-can-be-fired-any-reason




Don’t get too comfy at your desk, your job might not be as secure as you think. Anecdotal reports from labor lawyers and a few polls show that most Americans believe their bosses must have a good reason to kick them to the curb. We labor under the illusion of what Harvard labor economist Richard Freeman calls, “there’s-got-to-be-a-law syndrome.” We don’t want to believe someone can be fired because her boss finds her sexually irresistible. In every other industrialized democracy, that couldn’t legally happen, but in 49 of the 50 states there is no law requiring a just or reasonable cause for employee termination.

Most Americans can be legally fired for almost any reason. Private sector workplace relationships tend to operate under the standard of employment-at-will, which means you can be fired for the color of your shirt, your political views, supporting your favorite sports team or for refusing to fetch your boss a cup of coffee. The Bill of Rights does not apply to your office.

The protections in place are limited. Title VII of the Civil Rights Act prohibits “employment discrimination based on race, color, religion, sex and national origin.” (But not sexual orientation: while 21 states have anti-discrimination laws on their books, it is legal under federal law to be fired for your sexual preferences or gender identity.) The National Labor Relations Act theoretically protects workers trying to form a union or engage in “other concerted activities for the purpose of…mutual aid or protection,” but the law is notoriously weak and its sanctions rarely deter employers. Any union contract worthy of the name will include a just-cause clause, protecting workers from arbitrary termination while leaving room for management to act in case of economic necessity or poor job performance. But 93.4 percent of private sector workers don’t have a union, and serve at the whim of their employers.

Unless they live in Montana.