Violation of Public Policy

• Under at-will employment, an employer can fire an employee for any reason as long as it does not violate public policy. An employer may try to replace the employee even on the same day if it is possible. According to law firm Morris & Stone, LLP of Orange County, California, serving on jury duty, discrimination, taking time off to vote, forming a union, taking leave under the Family Medical Leave Act (FMLA) or filing a workers' compensation claim are some reasons that would violate public policy if an employer fired an employee.
  
  

Violation of a Contract Term

• Unless an employee signs a contract with an employer for a specific employment term, the employer can fire an employee at any time and replace her on the same day if another person is available. An employer cannot fire an employee before the end of the term on the contract unless there is good cause. Employers hire the majority of employees, at-will, with no contract.
  
  

Violation of Good Faith Covenant

• In some states, employers must justify that firing an employee was in good faith otherwise firing and replacing an employee on the same day could be considered wrongful termination. Employees may be protected under the covenant-of-good-faith exception. For example, the courts would consider an employer firing an employee in order to avoid paying retirement benefits an action in bad faith. Similarly, an employer acts in bad faith if he terminates an employee out of malice.
  
  

Replacement

• Without consideration of wrongful termination, it is possible for an employer to fire an employee and replace him on the same day depending on the nature of the job and the amount of training required. A company may not have difficulty replacing a sales employee on the same day. An employer may hire a temporary employee to fill a clerical position on the same day.