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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Sometimes, new employees will come across on their job application, employee handbook or employment contract that they will be hired “at will”. For a lot of individuals, this term, at-will employment, is a complete mystery. However, the same individuals are often dismayed when they find out its actual meaning: that their employer has the power to let them go at any time and for any reason they deem fit. In this regard, the reasons why any employer can fire their at-will employees is quite versatile and diverse, naturally to the benefit of the same job provider. If or when the same employment ends, the employees will have a very limited legal potential to do anything about it. But, at the same time, there is a lot more to the same form of employment that is relevant to the employee, especially in the state of California. Here are the most important basic facts about at will employment in California.

At-Will Employment

The law, speaking from the most general standpoint across the US, presumes that anyone is an employee at will. The same does not stand only if the employee can prove that he or she was not hired on an at-will basis. This has to be proven through the use of a written document that was signed by both parties or through an oral statement that was made in the presence of a witness or a third party.

Documents used in the Process – At-Will Employment

Employers usually take a substantial effort to signal that their employees are hired on an at-will basis. This can come in the form of policies, handbook, applications, job evaluations and any other documents related to their employment. If any formal document was signed, the employee has no chance using the law to prove they were wronged in some manner by the employer. That is why anyone must check their document to be sure if they signed that they agree to be fired at any time and without a case. At the same time, a document signed which include a job security promise do not represent an employment at will. If these are breached by the employer, the employee has a right to sue.

Rights of Employee and At-Will Employment Agreements

Often, employers provide their new employees with a written statement that shows they are at-will employees. But, even those who are at-will employees have a set of legal rights. At will employment in California covers protection that a person cannot be fired for reasons that are illegal, either under the state law or the federal one. The same is true for being fired for complaining about a particular illegal activity, about harassment or discrimination, or safety and health violation in the same work environment. The same is true for the protection when it comes to taking medical or family leave, serve in the US military or taking the time to serve on a jury or vote. These are not reasons for getting fired at an at-will job.

With this crucial information on at will employment in California, anyone working under this type of an agreement can make sure their rights are fully protected.

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What is at will employment?

Basically, at will employment refers to a form of hiring in which the employer is free to terminate the employee on their own basis without proper grounds of termination. In this regard, the person hired is referred to as at will employee while the person or rather the party hiring is referred to as at will employer. In most cases, most states particularly in the United States presume every employee as an at will employee until when probation period ends and a legal or formal employment contract is entered. Before accepting to become an at will employee, it always prudent to know beforehand some of the major challenges and issues oscillating around at will employment. The following is a brief overview of the limitations, types of agreements and rights relating to at will employment:

Types of contracts/agreements regarding at will employment.

There are two types of agreements or contracts that are predominant in at will employment. One is the Express contract/agreements which stipulate that all employers should always have good cause before terminating their employees from work. Two is the Implied-In-Facts contracts or agreements which assume that a contract or an agreement may have been reached between the employer and the employee based on the conduct of the two parties.

Major limitations of at will employment.

There are also certain spelt out limitations that have been embraced by different states regarding at will employment. Some of these limitations may vary from one state to another. They include but not limited to the following:

-Public policy limitations

-Statutes/limitations protecting union activity

-Political activities limitations

-Statutory limitations among other limitations.

All these limitations are faceted towards protecting at will employees from being terminated from work on unfair grounds.

Important rights regarding at will employment.

Even though employers may fire employees on grounds that they are at will employees, it is prudent to note that there are certain rights that can prevent them from doing so. In this case, employers are limited from terminating employees without tangible reasons and evidences. According to the legal provisions stipulated by different states in the United States, all at will employees have a right not to be terminated or fired by their employers based on their age, race, sex, national origin, sexual orientation, disability, marital status, religion, pregnancy, refusing to break the law, taking leave under the Family and Medical leave act or in retaliation for filling a discrimination claim. When the employer infringes on these rights, the employee are free to file a case via an experienced attorney.

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