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.”
| State | At-will by default | Exceptions recognized | The rule | Guide |
|---|---|---|---|---|
| Alabama | Guide coming | |||
| Alaska | Guide coming | |||
| Arizona | Guide coming | |||
| Arkansas | Guide coming | |||
| California | Yes |
| At-will by default, with broad public-policy and implied-contract exceptions and statutory protections layered on top. | California guide |
| Colorado | Guide coming | |||
| Connecticut | Guide coming | |||
| Delaware | Guide coming | |||
| District of Columbia | Guide coming | |||
| Florida | Guide coming | |||
| Georgia | Guide coming | |||
| Hawaii | Guide coming | |||
| Idaho | Guide coming | |||
| Illinois | Yes |
| At-will by default, with a meaningful public-policy exception and a narrow implied-contract exception for clear handbook promises. | Illinois guide |
| Indiana | Guide coming | |||
| Iowa | Guide coming | |||
| Kansas | Guide coming | |||
| Kentucky | Guide coming | |||
| Louisiana | Guide coming | |||
| Maine | Guide coming | |||
| Maryland | Guide coming | |||
| Massachusetts | Guide coming | |||
| Michigan | Guide coming | |||
| Minnesota | Guide coming | |||
| Mississippi | Guide coming | |||
| Missouri | Guide coming | |||
| Montana | No |
| Not at-will: after a probationary period, the Wrongful Discharge from Employment Act generally requires good cause to fire someone. | Montana guide |
| Nebraska | Guide coming | |||
| Nevada | Guide coming | |||
| New Hampshire | Guide coming | |||
| New Jersey | Guide coming | |||
| New Mexico | Guide coming | |||
| New York | Yes |
| 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 Carolina | Guide coming | |||
| North Dakota | Guide coming | |||
| Ohio | Guide coming | |||
| Oklahoma | Guide coming | |||
| Oregon | Guide coming | |||
| Pennsylvania | Guide coming | |||
| Rhode Island | Guide coming | |||
| South Carolina | Guide coming | |||
| South Dakota | Guide coming | |||
| Tennessee | Guide coming | |||
| Texas | Guide coming | |||
| Utah | Guide coming | |||
| Vermont | Guide coming | |||
| Virginia | Guide coming | |||
| Washington | Guide coming | |||
| West Virginia | Guide coming | |||
| Wisconsin | Guide coming | |||
| Wyoming | Guide coming | |||
Sources
Each row cites what its state guide relies on. The guide has the detail and the current wording.
- California
- Cal. Labor Code § 2922 (opens in a new tab)
- Tameny v. Atlantic Richfield (1980)
- Foley v. Interactive Data Corp. (1988)
- Cal. Labor Code § 1102.5 (opens in a new tab)
- Fair Employment and Housing Act (California Civil Rights Department) (opens in a new tab)
- Illinois
- Kelsay v. Motorola (1978)
- Palmateer (Illinois public-policy exception)
- Illinois Human Rights Act, 775 ILCS 5/ (opens in a new tab)
- Illinois Whistleblower Act, 740 ILCS 174/
- Montana
- New York
- Murphy v. American Home Products (1983)
- New York State Human Rights Law; New York City Human Rights Law
- N.Y. Labor Law § 215
- N.Y. Labor Law § 740 (opens in a new tab)
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.