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Maine Termination (with Discharge): What you need to know

Maine is an “employment-at-will” state. This means that an employer may generally terminate an employee at any time and for any reason, unless a law or agreement provides otherwise. However, there are a number of exceptions to employment at will, including federal or state law, collective bargaining agreements, and express employment contracts.
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Military service. It is unlawful for an employer to discharge or discriminate against an employee because of the employee's membership or participation in the National Guard or the reserves of the U.S. armed forces (ME Rev. Stat. Tit. 37-B Sec. 342).
Whistleblower protection. Under the state's Whistleblowers' Protection Act, it is illegal for both public and private employers to discharge or discriminate against an employee for:
• Reporting violations of federal or state law to the employer or to a public agency;
• Reporting a condition or practice that would put at risk the health or safety of the employee or any other individual;
• Participating in an investigation by a public body or a court action; or
• Refusing to carry out a directive or engage in any activity that would violate federal or state law or expose the employee or any individual to a condition that would result in serious injury or death (ME Rev. Stat. Tit. 26 Sec. 833).
Generally, the Act protects only current employees. An individual who becomes an employee after participating in an investigation of the employer's possible wrongdoing is not protected by the Act. This is true, even if the employer terminates the employee because he or she was involved in the earlier investigation (Costain v. Sunbury Primary Care, 954 A.2d 1051 (Me. 2008)).
Wage and hour violations. Employers are ...

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Maine Termination (with Discharge) Resources

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