| Like with most legal jargon, "employment at will" has | | | | employer must consider. To make the situation more |
| both a formal definition and a practical one. In this case, | | | | complex, these exceptions vary widely from state to |
| the theory is easy. The basic definition of "employment | | | | state. It is a good idea to contact your state's labor |
| at will" says the employer or the employee may end | | | | office to find out the laws that apply to you. |
| the working relationship at any time and for any | | | | If you fire an employee and that person becomes |
| reason without fearing legal action. This means the | | | | angry, you could find yourself in a wrongful termination |
| employer can fire or lay off the employee whenever | | | | lawsuit. And as an employer, you don't want these |
| they want. According to the theory, the employers do | | | | legal proceeding to go to court. Most courts favor the |
| not have to explain why they fired their worker. | | | | employee. This leaves the employer at the losing end |
| This definition also claims the employee may choose | | | | and that costs time, money and productivity. |
| to quit his or her job at any time. Under such | | | | So how do you avoid such lawsuits? It's a good idea |
| circumstances, the worker does not have to give the | | | | for all employers to have standard termination |
| employer the reason for leaving his or her current | | | | procedures in place. |
| position. | | | | First, make sure you have an employee handbook |
| On its face, this is a simple law that should work for | | | | with rules and regulations of the workplace. All |
| both the employer and the employee. Unfortunately in | | | | employees must be aware of its contents. Second, |
| practice, "employment at will" is not so clear. While | | | | make sure no manager fires an employee without |
| most states follow the formal definition, many lower | | | | giving a reason. Third, have standards in place so the |
| courts have passed laws to cancel the employer's | | | | reasons for termination are legal and fair. Fourth, train |
| rights. All of these laws have created many | | | | all managers in progressive discipline. Using this proven |
| exceptions to the formal definition, and employers must | | | | method, an employee termination will never take a |
| keep this in mind if they need to fire someone. | | | | worker by surprise. This will reduce their overall anger |
| Definition of Employment at Will: What It Means For | | | | at the company. |
| Employers | | | | It is true that "employment at will" suggests an |
| So what does this mean for you, the employer, if you | | | | employer doesn't own an employee an explanation for |
| need to fire an underperforming employee? It's simple. | | | | losing his or her job. However, this simple definition |
| Wise employers do not fire employees without a | | | | does not translate directly into practice. Never depend |
| reason and claim protection under "employment at will". | | | | on the formal definition of this law to protect you from |
| This is true even if you live in an "at will" state. | | | | a wrongful termination lawsuit. |
| Almost every "at-will" state has exceptions an | | | | |