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At-will employment exceptions by state

Every state except Montana generally starts from at-will employment: absent a contract, an employer can end the job for any reason or no reason, as long as the reason is not an illegal one. The exceptions are what vary. Courts in California and Illinois have recognized a public-policy exception. Courts in California, Illinois, and New York have recognized an implied-contract exception, though how broadly varies. In California, courts also recognize an implied covenant of good faith and fair dealing. In Montana, a statute generally requires good cause to fire someone after a probationary period.

Every state at a glance

4 states have a guide so far. Each of those rows sums up what that state’s guide says. The others are marked “Guide coming.”

At-will employment exceptions by state: one row for each of the 50 states and the District of Columbia
StateAt-will by defaultExceptions recognizedThe ruleGuide
AlabamaGuide coming
AlaskaGuide coming
ArizonaGuide coming
ArkansasGuide coming
CaliforniaYes
  • Public policy
  • Implied contract
  • Good faith and fair dealing
At-will by default, with broad public-policy and implied-contract exceptions and statutory protections layered on top.California guide
ColoradoGuide coming
ConnecticutGuide coming
DelawareGuide coming
District of ColumbiaGuide coming
FloridaGuide coming
GeorgiaGuide coming
HawaiiGuide coming
IdahoGuide coming
IllinoisYes
  • Public policy
  • Implied contract
At-will by default, with a meaningful public-policy exception and a narrow implied-contract exception for clear handbook promises.Illinois guide
IndianaGuide coming
IowaGuide coming
KansasGuide coming
KentuckyGuide coming
LouisianaGuide coming
MaineGuide coming
MarylandGuide coming
MassachusettsGuide coming
MichiganGuide coming
MinnesotaGuide coming
MississippiGuide coming
MissouriGuide coming
MontanaNo
  • Public policy
Not at-will: after a probationary period, the Wrongful Discharge from Employment Act generally requires good cause to fire someone.Montana guide
NebraskaGuide coming
NevadaGuide coming
New HampshireGuide coming
New JerseyGuide coming
New MexicoGuide coming
New YorkYes
  • Implied contract
At-will by default; courts have declined to create a broad public-policy exception, so statutes such as the state and city human rights laws do most of the work.New York guide
North CarolinaGuide coming
North DakotaGuide coming
OhioGuide coming
OklahomaGuide coming
OregonGuide coming
PennsylvaniaGuide coming
Rhode IslandGuide coming
South CarolinaGuide coming
South DakotaGuide coming
TennesseeGuide coming
TexasGuide coming
UtahGuide coming
VermontGuide coming
VirginiaGuide coming
WashingtonGuide coming
West VirginiaGuide coming
WisconsinGuide coming
WyomingGuide coming

Sources

Each row cites what its state guide relies on. The guide has the detail and the current wording.

Illinois
New York

Frequently asked questions

What does at-will employment mean?

Generally, that an employer can end the job for any reason or no reason, absent a contract that says otherwise, as long as the reason is not an illegal one, such as discrimination or retaliation.

Is every state at-will?

No. In Montana, a statute generally requires good cause to fire someone once a probationary period ends. The other states generally start from at-will employment, with exceptions that vary.

What is the public-policy exception?

In states that recognize it, a firing can be unlawful when it violates a clear public policy. Commonly cited examples include firing someone for refusing to commit a crime, filing a workers' compensation claim, taking jury duty, or reporting illegal conduct. New York courts have declined to create a broad version of it, leaving that work to statutes.

What is the implied-contract exception?

Where a handbook, assurances, or a long record of service amount to a promise of continued employment, a court may treat the at-will presumption as rebutted. California applies this more broadly; Illinois and New York generally apply it narrowly, often requiring a clear limitation on at-will status.