At-will workers are subject to termination for any cause at any moment. If the employer chooses to fire you, your job will end, and you will have limited legal recourse to contest the decision. If your contract is at will, your employer has the right to end it whenever they see fit. However, terminating an employee for unlawful or discriminatory reasons is not permissible under the terms of their employment contract.
If your firing was unjust, speak with an employment lawyer about your legal rights. There are a few situations where a firing may not be legal despite having an at-will clause in an employment agreement. States often have several exclusions. Considering that employment is done at will, clauses like these are always included in the contract. To understand it better, click here.
What Are The Pointers You Need To Be Aware Of?
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.”.
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.
Your employer might not be allowed to fire you unfairly under these circumstances, mainly if the remarks have been made frequently and were a significant factor in your decision to accept the position. However, suppose you are informed that you will be an at-will employee during the hiring process or afterwards. In that case, your employer will undoubtedly rely on that statement as evidence that it reserves the right to terminate you at any time.
Relatable Documents:
Suppose an employee signs an employment contract outlining the terms and circumstances of their employment, including the duration of their job, the duties of their position, and the grounds for termination. In that case, 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.
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.
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.
