What is At-Will Employment?

janovsky Employment Law 0 Comments

at will employment
December 14, 2017

At-will employment is a blanket term that refers to a relationship between employer and employee that can be terminated at any time. When at-will employment is in play, either the employer or employee can end the relationship whenever they desire. Every state in the U.S. – with the exception of Montana – is an at-will state. At-will employment has both its advantages and disadvantages, and it is important to understand both. When an employee accepts an at-will employment contract, they have the advantage of being able to leave their company at any time. However, this also means they can be terminated at any time by their employer. One of the biggest issues surrounding at-will employment is wrongful termination.

Understanding Wrongful Termination of At-Will Employees

Wrongful termination is a common violation of an at-will state’s employment policy and occurs when an employee has been fired for a reason that is in violation of their rights. Some common examples of wrongful termination include:

● Discrimination based on race, nationality, sex, sexual orientation, age, or political opinion
● Losing a job or position following workers’ compensation claim
● Losing a job for refusing to commit an illegal or inappropriate act
● Violation of good faith and fair dealing

If you are an at-will employee who believes they have been wrongfully terminated, please contact Janovsky & Associates. Attorney Janovsky is a highly experienced Frisco employment lawyer who has years of experience taking on employment law cases.

At-Will Employee Rights

Over time, at-will employment has become quite popular, as it provides a great deal of flexibility for both the employer and employee. Both parties are given the opportunity to engage in a fair work environment without the pressure of major commitments. However, when an employee is taken advantage of or terminated for an unfair reason, repercussions may ensue.

In the event an employee is terminated by their employer, they still have certain rights, including contract rights, federal and state law statutory rights, and company policy. At-will employees are protected from a wide range of issues and concerns by both state and federal governments. While these types of employment contracts are relatively straightforward, they do come with complications. There are also a series of exceptions to the employment at-will doctrine that you should be aware of, including:

● Implied contracts
● Good faith and fair dealing
● Public policy

If you believe you have been wrongfully terminated or discriminated against as an at-will employee, please contact Attorney Janovsky today. Alternatively, if you are an employer who has questions about an at-will employment contract, she can also help. As a Frisco employment lawyer,  Attorney Janovsky has years of experience representing individuals and corporations on a host of employment issues. At-will employment laws are a specialty of hers and she is happy to meet with you today regarding your case.

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