An at-will employee can be terminated at any time and for any reason (apart from a few prohibited ones detailed below). Your employment will terminate if the employer decides to fire you, and you will have very few legal options to challenge the decision. Your employer may terminate your employment at anytime if you have an at-will contract. However, a contract of employment or illegal or discriminatory grounds cannot be used as justification for firing an employee.
Discuss your legal rights with an employment lawyer if your termination is unfair. Even though an employment agreement contains an at-will clause, there are several circumstances in which a dismissal may still be unlawful. States will often have different exceptions. Since employment is at will, a clause like this would normally be written clearly in the corresponding employment contract. To get more information, read more.
Relatable Documents:
Many businesses go to great lengths to make it clear in their documentation relating to employment that their employees are free to leave at any time. Look through your job records if you are currently working.
If an employee signs an employment contract outlining the terms and circumstances of their employment, including the duration of their employment, the duties of their position, and the grounds for termination, they cannot be unlawfully terminated in at-will employment states.
In other words, if there is a documented employment contract in place, the employer can only terminate the employee in accordance with the terms and conditions laid out in the employment contract and cannot do so without cause.
Similarly, you are not an employee at will if you have a contract of employment that guarantees job security. For instance, you are not an at-will employee if your two-year contract specifies that the only grounds for firing you during that time are committing a crime.
Statements and protection:
Employers make misleading claims that you will only be fired for cause during or after employment. For instance, a boss can assure you, “You will always have a home here as long as you do a good job.”.
Your employer might not be allowed to fire you unfairly under these circumstances, particularly if the remarks have been made frequently and/or were a significant factor in your decision to accept the position. However, if you are informed that you will be an at-will employee during the hiring process or afterward, your employer will undoubtedly rely on that statement as evidence that it reserves the right to terminate you at any time.
At-will workers cannot be fired for crimes against state or federal law. The government has chosen to vary from the at-will employment rule in several circumstances. You have the freedom to leave your employment whenever you want and for any reason. But abruptly leaving could lead to a negative reference from that job.
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