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