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Am I considered an "at-will" employee?

Berlin, MD |

I had been working in a restaurant for over a year and half. In that time period, I was considered as one of its valuable employees. I was given the keys to the restaurant and responsible for administrative work relating to the back of the house. I was also living in the apartment owned by the owner that was less than a block away from the restaurant. I was receiving salary pay and had agreed for a deduction of a certain lump sum amount off my paychecks in order for me to stay in the apartment.

I had just gone to my managers superior and confronted him about how I felt I was being mistreated and taken advantage of by my co-employees. And after all the money for the apartment had been cleared off, I was fired by my manager without giving me a reason.

So am I still an at-will employee?

Attorney Answers 3


Absent a written contract or union protections--employees in 49 of 50 states are at-will employees. (Montana). As a waitress you were almost certainly an at-will employee. I am sure you have already researched that as an at-will employee, you can be fired for any or no reason (absent discriminatory dismissal).

Recommend you go back and discuss the matter with your manager--see if after a day or two, the reasons for your dismissal can be discussed.

On what you posted here, looks like the manager didn't appreciate you jumping the chain of command.

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You are an at-will employee absent an employment contract. But you should talk with a knowledgeable wage/hour lawyer to see if you were properly paid. Reminds me of a case I had a few years back.

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I agree with the others. You were most likely you were an at will employee subject to being terminated for no reason at all.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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