For example, if an employee has a two-year contract that states that the employer can fire him or her during the contract term only for committing a crime, then he or she is not an at-will employee. Employment contracts that promise job security generally mean that an employee is not employed at-will. That said, some employers state in their written policies that they require good cause to fire and provide a list of reasons to fire an employee, or otherwise provide employees with job protection. Even if the words “at-will,” are not stated, mentions in termination policies that state terms such as “without good cause” or “for any reason” are indications that an employer follows an at-will policy and can therefore fire as they wish. However, if he or she has not signed an at-will agreement, they should check their employee manual or other written workplace policies to check how easy it is for the employer to fire them and if they can be fired without cause. If an employee has signed a document stating that he or she works at-will, there is not much more to say on the matter. Employees should check their employment documents to see whether they mention at-will employment. An employer, however, cannot fire an employee for an illegal reason such as race, religion or another protected class.Ī lot of employers point out, in their written policies, applications, handbooks, job evaluations, or other employment-related documents, that their employees work at-will. Just because there is an employment contract, it does not necessarily mean that employment will continue: there is no guarantee. The employer is free to fire employees for good cause, bad cause or even no cause, and the employee is also free to resign or cease work. Offboarding Done Right: A Complete Guide for Offboarding EmployeesĮmployee Offboarding Checklist for a Happy Company Fire “At-Will”Įmployment is “at will” in most states, meaning either employers or employees can end the employment relationship at any time and fire staff for any reason ( without having to establish a just cause for termination) and without warning. Don’t make a trial out of it when you fire an employee: make it as seamless and stress-free as possible, and follow your normal offboarding process. It’s therefore vital that you follow the law when you lay off or fire an employee and do it in a way that is respectful, calm, and not too traumatic for either you or the employee in front of you. It is not easy to fire an employee and the process should not be taken lightly, as improper handling can lead to unpleasant results, such as the employee suing the company.
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