5 Steps to At Will Employment

As a private employer in theUnited States, you have the law on your side while dealing with your employees. Even though workers have certain rights in some circumstances, you typically have a lot of latitude to take any employment decision that you feel is right for your businesses. At will employment is a common form of employment. Most employers across theUnited Statesprefer at will employment.
An employee who is an at-will employee can quit at any time, for any reason, and you can fire an at-will employee at any time, for any reason— provided that reason is legal. The reason will not be legal if it is discriminatory or retaliatory, violates a statute or public policy, or is in bad faith. As an employer if you avoid these no-nos, you can fire an at-will employee for even the most whimsical or idiosyncratic reasons such as annoying mannerisms, poor fashion sense, or lousy eating habits. You have the liberty to alter the terms of employment including job duties, compensation, or hours for any reason so long as the reason is not illegal. Employees may either accept these changes and continue working or quit if the terms are not acceptable to them. Generally an at-will employment is voluntary. You cannot force your employees to stay forever, and they cannot require yours to keep them on indefinitely. All states exceptMontanarecognize the doctrine of employment at will. InMontana, there must be a “good cause” to fire an employee who has worked for the employer for at least six months.
As an employer, at-will employment protects you from wrongful termination claims. However there are two limitations on this protection:
• Employment contract. This protection will not be applicable against an employee who has an employment contract, whether written, oral, or implied, that puts some limits on your right to fire the employee. For such employees with an employment contract, the language or nature of the contract generally specifies the terms of employment, including when and for what reasons the employees can be fired.
• State or federal laws. There are certain Federal and state statutes that list certain exceptions to at-will employment. These laws will limit your right to take any negative action against an employee (including disciplining, demoting, or firing) that is illegal—in bad faith, in violation of public policy, or for a discriminatory or retaliatory reason.
Consult with an experienced employment law attorney for advice on at will employment contracts. Employers who want to retain their right to fire and discipline employees on their own terms, should not make promises or adopt policies that restrict the right to terminate the employment. For example, the employer should not state that employees will only be fired for certain reasons or that employees will have a job as long as they do good work. Despite the employer’s best intentions, a disgruntled former employee can use these statements as evidence of an employment contract that eliminates employment at will.
Every employer should seek the assistance of an experienced employment law attorney before hiring employees. The attorney can review the circumstances of

0 comments:

Post a Comment

Popular Posts

Copyright © cultwiki.org