As employment law attorney Glenn Solomon explains, the overwhelming majority of Americans are subject to "at-will" employment: they are hired-and can be fired-at their employer's will. While there are a few specific kinds of discriminatory termination (based on age, sex, race, etc.) prohibited by law, it is difficult to prove such discrimination in court.
Solomon argues that the at-will rule is inherently unjust, since it leaves the livelihood of most Americans subject to their employers' whims. How can workers fight back? Drawing on his two decades of legal experience, Solomon discusses in detail four exceptions to the at-will rule, critiquing their effectiveness and explaining precisely how workers might be able to take advantage of them. He describes how workers can leverage what few rights they do have under the existing system, including what to consider when deciding whether or not to sue your employer and what to expect if you do decide to sue, using an actual wrongful termination case to illustrate. And he recommends an alternative to the at-will rule that protects the rights of both workers and employers.