Understanding At-Will Employment
The Impact of "Fire at Will" on Employers and Employees
The concept of at-will employment affects employees and employers alike by allowing either to terminate the work relationship at any time with or without notice.
The at-will concept is all too familiar to many employers; however, not as many employees are aware of this term and the impact it also has on them. It basically allows employers and employees to terminate their relationship, at any time, for any reason (that doesn’t violate the law), and with or without notice.
Naturally, good-hearted souls that most employers are, they generally don’t casually terminate someone at-will without giving a good reason or without going through the company defined disciplinary procedure. This being said, employees and employers still need to be cautious.
From an employee standpoint, the at-will doctrine provides employees with complete freedom to choose not to continue their employment with an organization and to do so at a moment’s notice. And while this may seem ideal in cases where they want to leave abruptly due to another job offer, employees should think twice before completely exercising their at-will rights.
In most instances, employers frown upon departing employees who do not give the customary two-week notice, so if they expect a positive reference from their current employer, they’ll need to consider this.
Next, payroll laws in many states provide that employers have an obligation to pay employees when they leave, unless of course they’ve given them no notice. In that case employees will have to wait to receive any final pay.
Finally, employees have to consider what kind of employer they are going to work for that would not expect them to give a two-week courtesy notice to their current employer, especially if they expect it from their own employees.
From an employer point of view, the at-will concept can cause problems based on the way an employer’s policies and procedures are written. This is why it is imperative that employers review the wording of their employee handbook and other documents very carefully. In fact, they may want to have their legal team review them, too.
To begin with if employers terminate a “protected” employee without a reason or without following their normal termination process, they may be sending a message that the termination is improper and they could be opening the company up for a lawsuit.
Next, depending on the wording of the current workplace policies, employers may have unintentionally created a contract. It is very important that employers include a separate well-written at-will statement in their handbook and refer back to it throughout. Clearly state that no oral or written promises can change the at-will relationship and that company policies are not intended to create a contract.
Finally, be sure to follow these policies and procedures consistently with all employees regardless of who they are or what position they hold. Treating everyone with the same due process will go far in reducing potential problems.
