If you are an employee employed “at will” that means that your employment contract can be terminated at any time for no reason or any reason, excluding illegal reasons. If your employer decides to cut ties with you that means that it is the end of your work you were hired to do and your legal rights are very limited for the purpose of fighting your job termination. Moreover, an at-will employment means that as an employee you are free to leave your job for no or any reason at any time with no legal consequences that are adverse.

How Do You Know If You Are An At-Will Employee?

The existing law presumes generally that an employee is employed at-will unless you are able to prove otherwise. You can prove that you are not employed at will either through the oral statements made by your employer or your employment-related written documents.

Employment Documents

If you are employed at the present, to know if you are an at-will employee, check your employment documents that mention that. If you signed an agreement or a document stating that you are an at-will employee, your story almost certainly ends here.

In a case that you have not signed a document that agrees that you are an at-will employee then you have to check with manual/written workplace policies. It is important to note some of the
employment documents may not expressly use the term an at-will employee. An employment document may simply state that your contract can be terminated at any time or fired without cause and that makes you an at-will employee.

If you have been fired and a good cause is required for fire then you have to rely on the written policies. Additionally, if you signed an employment contract that guaranteed job security then that
means that you are not an at-will employee.

Statements by Employer

If during the process of hiring or even later you are informed by your employer statements that you will be employed as an at-will employee, the statements will be relied on as proof if your employment contract is terminated. On the other hand, if your employer statements indicate that you will be fired only because of a good cause then that means you are not an at-will employee.

At-Will Employee Rights

Even if you happen to be an at-will employee, still you cannot be dismissed from work because of illegal reasons according to both the state and federal law. For example, you cannot be relieved of duty for complaining about an illegal activity.

At-Will Agreements

To safeguard the right of an employer to fire you at will, as a job applicant or new employee, you will be asked to sign a statement that is written agreeing to you being an at-will employee. Such a written statement might be included in an employment contract, employment application or elsewhere.

When to Sign an Agreement for an At-Will Employment

The default rule that exists is that as an employee you work at-will. In theory, there is no requirement for you to sign an agreement to be an at-will employee. Most courts though are of the view though that your job hiring can be rejected or you can be fired in case that you do not sign to agree to be an at-will employee.

When to Think Twice Before Signing an At-Will Employment Agreement

You should not sign an agreement if you have to rely solely on the promises of your employer for continued employment by accepting the job. Do not sign an agreement that renegades on the promises made by your employer. Ask the employer to include the earlier statements or promises into writing if he/she stands by them. If your employer changes his/her tune or refuses to honor its written statements then it may be the perfect time to talk to us, the United Employees Law Group.

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If you’ve ever read your job application, employee handbook, or employment contract and seen at-will employment in it, then you know what type of trepidation this could bring. At-will employment means your employer is able to fire you at any moment for any reason, except a few illegal ones. If your employer decides its time for you go to, then that’s the end of the job, and there are very few legal rights an employee can exercise to fight this termination.

Determining if you’re An At-Will Employee

The law assumes that an employee is an at-will employee unless there is written documentation stating otherwise.

Employers will take painstaking steps to point out in written form that an employee is an at-will employee in handbooks, applications, written policies, job evaluations, and any other employment-related documentation.

However, if you’ve not signed a document that states you are an at-will employee, then check the employee manual to make sure it’s not in there. If they state you can be fired at any time or that you can be fired without cause, then this means you’re employed by an at-will employer.

If you’ve signed an employment contract that promises you job security, then you’re not employed at-will. An example might be a two-year contract that states you cannot be fired for any other reason than an exhaustive list of reasons they have or if you’ve committed a crime. If you’re fired for any reason that’s not specified in the contract; then you could have a legal claim against the employer for a breach of contract.

Rights You Have with At-Will Employment

While you might be an at-will employee, you’re still not able to be fired for reasons that are illegal under your state and federal laws. These are instances where the government has decided to make an exception to the rule.

Employers have the right to refuse to hire you if you refuse to sign an at-will agreement with their company; however, there are times when you might want to think twice about signing one of these agreements.

Let’s say your employer has verbally agreed to give you a year to learn your job before they are able to fire you for not being able to do it. If that promise was one of the main influences of you deciding to take the job, then you shouldn’t sign the agreement. Ask the employer about the discrepancies and have them fix it in writing. If they refuse to put it in writing, then it might be time to contact a lawyer, especially if you already quit your previous job to accept the job they offered.

You have rights as an at-will employee, so make sure you contact a lawyer if you feel your rights have been violated.

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