The state of Montana may be the best place to work. Montana is the only state in the U.S. where an employee CAN NOT be fired for no reason, good reason or any reason. Montana has what’s called the Montana Wrongful Discharge from Employment Act of 1987. This law stops employers from terminating workers for anything besides a “good cause”.
The one exception would be the employee not surviving the probation period.
The issue of “good cause” comes down to what’s considered “reasonable”. For example, an employee violating company policy, physically attacking or harassing a co-worker, chronically absent, cursing at and refusing to take directions from management or proven to be unable to perform essential job functions.
Employment At Will essentially suggests that without an employment contract an employer can fire workers for good reason, bad reason, or no reason. The exception being terminated for an unlawful reason. Similarly, workers can fire the employer for the same reasons.
A checklist of illegal reasons behind terminating an employee consists of discrimination based on disability, religion, national origin, race, age, sex or gender. Individuals in these groups are what’s called “protected classes” and are covered by federal, state and local guidelines.
Because of the exceptions to “At Will” terminating and employee for “a good reason, no reason or any reason” can be business suicide. When organizations fire for no reason or a bad reason At-will employment can become particularly distasteful to a jury of the fired employee’s peers.
The U.S. is probably the only so-called western industrialized nation clinging to the “At Will” employment doctrine. According to the National Conference of State Legislatures (NCSL), “Some reasons given for our retention of the at-will presumption include respect for freedom of contract, employer deference, and the belief that both employers and employees favor an at-will employment relationship over job security,….” As an employee rights educator, coach, advocate, trainer and former employee, I’ll add another theory.
What is the racial demographic of countries like England, Canada, France, Italy, Germany, etc.? All of these countries have far lower percentages of diverse racial populations than America. Race discrimination has consistently held the #1 top spot for employment complaints. In my opinion discriminating employers want to maintain the “At Will” weapon to use against certain types of employees.
MOST employees have no clue about their basic employee rights. Given the overall economic disparity between racial groups, being terminated for “any reason, no reason or good reason” works especially well against people of color.
