At Will Employment

admin — Sun, 07 Feb 2010 11:54:58 +0000

“At will” employment simply means that an employer may terminate an employee for any reason. In many states this is the legal relationship between employers and employees unless there is a contractual relationship between them that states to the contrary. It is difficult in the employer – employee legal relationship that states have different laws. But there is another issue, that of the balance with employer – employee relationships.

Most employers will initially prefer to have employees in an at will employment status. In these companies employee manuals will state that nothing in the paperwork of employment, including the employee manual will be deemed to constitute an employment contract defeating at will status.

It is difficult for a certain type of employee to negotiate an employment contract to defeat an employment at will status. If this employee without leverage is not protected by other legal provisions regarding notice, separation pay and insurance rights, employees will be greatly disadvantaged and treated unfairly. On the other hand, employers need to be able to terminate employees for business reasons (treating them fairly) without facing litigation on every termination.

With the current legal scenario, the best practical advice for an employee with leverage is to negotiate and execute a written employment agreement that provides the appropriate terms of employment, both as to its conduct and termination.

Employers should look carefully at each employment level to determine where an employment contract may help improve employee relationship. The default should be at will status for employees where it is available under applicable state law.

By: Rick Riebesell

Administration Jobs » Contractual Relationship

At Will Employment