Maine Termination (with Discharge) laws & HR compliance analysis

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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As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
Family medical leave and family sick leave. An employer may not discharge, discipline, or discriminate against an employee who exercises rights granted under the state's family medical leave or family sick leave laws (ME Rev. Stat. Tit. 26 Sec. 636 and Sec. 847).
Genetic testing. An employee cannot be discharged on the basis of genetic information or because of the employee's refusal to submit to a genetic test or make available the results of a genetic test (ME Rev. Stat. Tit. 5 Sec. 19302).
HIV testing. An employee cannot be discharged for refusing to be tested for HIV, testifying or assisting in an HIV-related proceeding, or because of the result of an HIV test (ME Rev. Stat. Tit. 5 Sec. 19204-B).
Judgment debtors. No employer may discharge an employee because the employee's earnings are subject to a court order to enforce a monetary judgment (ME Rev. Stat. Tit. 14 Sec. 3127-B).
Jury duty. It is a crime for employers to discharge or terminate the health insurance of an employee ...

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