The language “at-will” in a job application, employment contract, or employee handbook often stumps applicants and new employees. They are even more confused when they learn just what this language means: An at-will employee can be terminated at any time regardless of any reason. In the event that your employer terminates your employment, your rights to appeal are very limited.
A person employed at will is not required to show good cause for terminating their employment. The majority of employers have adopted at-will employment policies in all states except Montana (which prohibits firing an employee without cause after completing a probationary period). If a company does not make it clear that it will only dismiss employees for good reason, the law presumes that employment is at will.
This article will help you understand what your rights are as an at-will worker, how to avoid being forced to sign an at-will contract, and what to do if your employer asks you to sign it.
Would You Consider Yourself an At-Will Employee?
A person is presumed to be employed at will unless they prove otherwise, usually via written documents relating to their employment, or verbal statements made by their employer.
What is Included in Employment Documents?
Most organizations make a point of stating that their workers work at will in their official policies, contracts, handbooks, job appraisals, and other employment-related materials.
If you’re currently working, check your hiring documents, especially the ones you’ve signed, to see if any of them reference at-will employment. That’s usually the end of the tale if you signed a document agreeing to work as an at-will employee.
Read your employee handbook or other documented workplace policies if you haven’t signed an at-will agreement. Is it stated that you may be terminated at any time? That you can be dismissed for no reason? Even if your company does not use the term “at will,” statements such as “for any reason” or “without cause” indicate that your employer has an at-will policy.
Some businesses, on the other hand, have developed rules requiring good reason to terminate employees, providing an exclusive list of reasons for terminating employees or otherwise providing employees with job safeguards. You have the right to count on these policies if your company has implemented them.
Furthermore, you are not working at will if you have accepted an employment contract that guarantees job security. Similarly, you are not an at-will employee if you have a two-year contract that indicates you can be terminated at any time throughout the contract duration if you commit a crime. If you are terminated for a cause not listed in the contract, you may have a legal claim for breach of contract against your employer.
Keep Record of Your Employer Statements
Have you received any statements from your employer, before or during the hiring process or afterward, hinting that you will only be terminated for good reason? “You’ll always have a spot here as long as you do a good job,” an employer might remark, or “We only terminate employees who can’t reach our performance criteria, even after mentoring and training.” Your supervisor may not be able to terminate you at will in these cases, particularly if the statements were made regularly and/or were a key reason you took the position.
But, if you are informed that you will be an at-will worker during the recruiting process or later, your employer will almost definitely cite that statement as evidence that it reserves the authority to terminate you for any justification.
What are Your Rights as an At-Will Employee?
It is still illegal for you to be fired for reasons that are illegal under state and federal law, even if you are an at-will employee. There are circumstances in which the government has opted to make an exception to the general rule of at-will employment.
It is illegal to fire an individual based on certain characteristics, such as their race, religion, or gender if you’re an employee of an employer subject to federal or state law prohibiting job discrimination. Additionally, no one can terminate you if you report illegal activity, discrimination or harassment, or workplace health and safety violations.
Likewise, every employee is entitled to exercise their legal rights, such as taking leave to care for a sick family member, serving in the military, or voting or serving on a jury, and employees cannot be terminated for exercising these rights.
How do At-Will Agreements Work?
The majority of employers require new employees and job applicants to sign a written statement declaring that they are (or shall be) at will employed. An employer may ask you to sign and return an employment agreement, an employment contract or offer letter, an acknowledgment form for employee handbooks, and others.
Do You have to Sign At-Will Agreements?
At-will agreements aren’t legally required; however, most courts have held that your employer is allowed to fire (or refuse to hire) you if you don’t sign them. It is the default rule that even if you do not sign an agreement, employees will be free to work at their discretion.
Although your employer may not have much choice in whether or not you sign an at-will agreement, that does not mean you’ll get fired without good reason if you sign one. Smart employers know that firing employees without cause will not benefit them in the long run. It is more common for employers to try and resolve issues with you before retaliating.
What do You Need to Consider Before Signing an At-Will Agreement?
If you accepted the position based on your employer’s promises of continuous employment, be cautious of signing an at-will agreement. Let’s imagine your company assured you during the recruiting process that you would be given at least a year to grasp your new job and would not be dismissed during that period.
You should not accept an at-will agreement that contradicts that guarantee if it impacted your choice to take the job. Regardless of what your employer indicated to you previously, virtually every court will regard a signed at-will agreement as to the ultimate decision on the subject.
Inquire about the contradiction if your employer asks you to sign an at-will agreement that appears to contradict its claims. If the business insists on putting its earlier comments in writing, request that they be done so.
If your employer breaks its promises or refuses to honor its statements, you will probably want to consult an employment lawyer in Los Angeles; especially if you quit a previous job on account of those broken promises.