Exactly What Does “Employment at Will” Imply?

It is common for applicants and new hires to be bewildered when they encounter the phrase “at will” employment on a job application, in a contract, or in the company’s employee handbook. When kids learn the full significance of this vocabulary, they experience much more distress. A worker whose employment is “at will” may be terminated at any moment and for any cause Once your employer makes the decision to terminate your employment, there is nothing you can do to stop it legally.

If your employment is “at will,” your employer can terminate your position without providing a reason. Employers have the right to implement “at-will” employment policies in every state except Montana (which prohibits firings without cause after an initial “probationary term” has elapsed). It is a legal presumption that you are an employee at will until your employer expressly states otherwise. Obtain legal advice from an employment law attorney Paramus who is experienced in handling your specific case.

This article will help you determine if you are an at-will employee, explain your rights as an at-will worker, and advise you on what to do if your present or future employer requests that you sign an at-will employment agreement.

Would You Classify Yourself as an Employee Who Can Be Fired at Any Time?

Unless you can show otherwise by presenting evidence like an employment contract or your employer’s verbal assurances, the law will assume that you are an employee at will.

Verification of Employment

Many companies make it a point to emphasise in their handbooks, applications, and performance reviews that their employees are free to come and go from work as they choose. If you are currently working, you should review all of your employment paperwork, especially any that you have signed, to determine whether or not your job is at will. The matter is likely closed if you have acknowledged in writing that you are an at-will employee.

Worker at Will Protections

If you are an at-will employee, your termination for criminal grounds is still prohibited by law. In these cases, the government has decided to create an exemption to the normal policy of at-will employment.

For instance, if your company falls under the jurisdiction of federal and state anti-discrimination laws (as all but the tiniest do), you cannot be fired on the basis of your race, religion, or gender. (Please go to Your Rights Against Discrimination and Harassment for additional reading on the topic of discrimination.)