What Is At-Will Employment?

If you’ve ever read your job application, employee handbook, or employment contract and seen at-will employment in it, then you know what type of trepidation this could bring. At-will employment means your employer is able to fire you at any moment for any reason, except a few illegal ones. If your employer decides its time for you go to, then that’s the end of the job, and there are very few legal rights an employee can exercise to fight this termination.

Determining if you’re An At-Will Employee

The law assumes that an employee is an at-will employee unless there is written documentation stating otherwise.

Employers will take painstaking steps to point out in written form that an employee is an at-will employee in handbooks, applications, written policies, job evaluations, and any other employment-related documentation.

However, if you’ve not signed a document that states you are an at-will employee, then check the employee manual to make sure it’s not in there. If they state you can be fired at any time or that you can be fired without cause, then this means you’re employed by an at-will employer.

If you’ve signed an employment contract that promises you job security, then you’re not employed at-will. An example might be a two-year contract that states you cannot be fired for any other reason than an exhaustive list of reasons they have or if you’ve committed a crime. If you’re fired for any reason that’s not specified in the contract; then you could have a legal claim against the employer for a breach of contract.

Rights You Have with At-Will Employment

While you might be an at-will employee, you’re still not able to be fired for reasons that are illegal under your state and federal laws. These are instances where the government has decided to make an exception to the rule.

Employers have the right to refuse to hire you if you refuse to sign an at-will agreement with their company; however, there are times when you might want to think twice about signing one of these agreements.

Let’s say your employer has verbally agreed to give you a year to learn your job before they are able to fire you for not being able to do it. If that promise was one of the main influences of you deciding to take the job, then you shouldn’t sign the agreement. Ask the employer about the discrepancies and have them fix it in writing. If they refuse to put it in writing, then it might be time to contact a lawyer, especially if you already quit your previous job to accept the job they offered.

You have rights as an at-will employee, so make sure you contact a lawyer if you feel your rights have been violated.