"At Will" Employees

What is an "at will" employee?

Most of us are "employees at will." This means that we work at the discretion of the employer. At-will employees can be let go at any time and for any reason, provided the action is not discriminatory or for whistle-blowing.

CAUTION: An employer can create an implied contract of employment if it makes verbal or written statements that are contrary to employment at will.

TIP: Employers should review their employee handbook to ensure that there are no statements or policies that may be construed as changing the at-will relationship. Also, they should avoid making such statements such as "We only let go employees for good reason."

I have only been working 2 weeks. Can I be terminated in my new job?

Yes. In at-will employment situations, you do not have the right to a certain amount of time on the job before you can be terminated.

I do not have an employment contract, but I signed the agreement at the back of the company handbook to follow the procedures in it. Can I still be terminated?

Yes. The law is clear that signing an employee or company handbook is not the same as having a job contract. You are an employee at will and can be terminated at any time for no reason at all.

SIDEBAR: If the handbook varies the terms of employment and is signed, then a job contract may exist. For example, if the handbook states that "employees can only be terminated for just cause," the employer has limited his right to fire an employee for any or no reason.

Are there employees who do not work at will?

Yes, there are some employees who work under an employment contract. The contract defines the terms of employment including the duties of the job, compensation, language regarding separation and often a confidentiality and noncompete clause. It is highly unusual for employers to offer employment contracts to any employee other than the senior managers or to individuals with special skills.