Dec 09 2009

Are You an At-Will Employee?

Published by hugo at 10:59 am under General

The law generally presumes that you are employed at will unless you can prove otherwise, usually through written documents relating to your employment or oral statements your employer has made.

Employment Documents

Many employers take pains to point out, in their written policies, applications, handbook, job evaluations, or other employment-related documents, that their employees work at will. If you are currently employed, look through your employment documents — particularly those you have signed — to see whether any of them mention at-will employment. If you have signed a document agreeing that you are an at-will employee, that’s probably the end of the story.

If you have not signed an at-will agreement, check your employee manual or other written workplace policies — do they state that you can be fired at any time? That you can be fired without cause? Even if your employer does not use the term “at will,” statements that you can be fired without a good reason are indications that your employer follows an at-will policy.

On the other hand, some employers have written policies that require good cause to fire, provide an exclusive list of reasons for which employees can be fired, or otherwise provide employees some job protections. If your employer has adopted these kinds of policies, you are entitled to rely on them.

Source: http://www.nolo.com

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