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UPDATE

In Solidarity for 
Peace, Bread and Justice!

A Joint Project of the Maine Association of Interdependent Neighborhoods
and 
Maine Equal Justice

Volume 9  No. 1

 February 2005

 

Do Employers in Maine Need Good Cause
 To Fire You?

No. In Maine, almost all employees are “employees at will.” This means that an employer can legally fire you for almost any reason. The only cases where an employer would be breaking the law by firing you are:

  1. If the employer fires you for an unlawful reason. For example, the employer fires you because of your religion, race, nationality or disability.

  2. If you have a written contract with the employer and the contract clearly states that the contract cannot end unless certain conditions are met. This is a “for cause” termination. For example:

    If the contract clearly states that the job will last for at least 2 years, unless you break a company rule, like stealing from them. The employer can not fire you during those two years as long as you don't steal. Without a written contract, you can be fired without cause unless you have an oral contract, for less than 1 year, with clear terms and conditions. 

    3) If the employer has an employee handbook or other written policies that clearly restrict the employer as to when or how the employer can fire you. If the employer has any wiggle room in the handbook, then the employee may be fired without cause.

Are most states like Maine?

No. Most states take a more liberal view. In most states, employment contracts are based on personnel polices, personnel handbooks and actions of an employer that lead an employee to believe that they can't be fired without good cause. Unless, the Maine Legislature changes the law in Maine, the vast majority of employees in Maine will find themselves without many protections from being fired without cause.

 

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