At-Will Employment: What Is It?
At-Will Employment: What Is It?
At-Will Employment: What Is It?
By Susan M. Heathfield
August 03, 2020
Summary
At-will employment means that an employer can terminate an employee at any time for any reason as long as it isn't illegal. Employees can also resign at any time and for any reason.
Learn more about at-will employment.
How At-Will Employment Works
At-will employment doesn't mean that employers can arbitrarily fire employees. In particular, employers can't fire an employee for a discriminatory reason. Employees can't be terminated due to their race, religion, gender identity, sexual orientation, pregnancy, national origin, disability, age , or genetic information. Employees also can't be terminated because they complained about job discrimination.
Employers should demonstrate a good faith effort to correct an employee's performance or other issues that might lead to employment termination. Employers also should document employee performance problems and the efforts that were made to help the employee improve.
Exceptions to At-Will Employment
Employees with a contract may not be at-will employees. Unionized employees have a contract with their employer, for example, and that contract typically specifies the circumstances under which an employee can be terminated.
Contracts aren't always in writing.
Sample At-Will Employment Policy
The Company does not offer tenure or any other form of guaranteed employment. Either the Company or the employee can terminate the employment relationship at any time, with or without cause, with or without notice.
Progressive Discipline and At-Will Employment
While the Company may elect to follow its progressive discipline procedure, the Company is in no way obligated to do so.
Exceptions to the At-Will Employment Policy
No one except the Company’s CEO/President can enter into any kind of employment relationship or agreement that is contrary to the previous statement.
Reference
Heathfield, S. (2020, August 3). What Is At-Will Employment? Retrieved August 07, 2020, from https://www.thebalancecareers.com/what-is-at-will-employment-1917898