At Will Employment

Are you familiar with the phrase "at-will employment"?

Lucinda applied for a job in a hospital Dietary and Nutrition department. She did not sign a contract and she did not join a Union. She filled out the required paperwork as a new hire and started her job.

Several weeks later she began having trouble with her supervisor. The supervisor demanded too much from Lucinda and there were bad feelings between the two of them. To make matters worse, the supervisor had been in his job for many years and had the confidence of the Area Director. All it took for Lucinda to get fired was the supervisor's word. When Lucinda complained to Human Resources about the termination, they pointed out the "At-Will Employment Clause" near the bottom of the application. They legally did not have to give an explanation or reason for the firing.

Does any of this quoted statement below look familiar to you?

"AT WILL EMPLOYMENT CLAUSE: employment contract provision indicating that employer or employee may terminate the employment relationship at any time with or without cause.

In consideration of employer entering into this agreement, employee agrees to conform to the policies and rules of employer in effect from time to time. Each party to this agreement also agrees that employee's employment and compensation can be terminated, with or without cause, and without prior notice, at any time, at the option of either employee or employer."

At-will employment was established in 1937. As stated above, it means that the employer or the employee may terminate the employment relationship at any time for any reason.

If Lucinda had looked at the contract and challenged the clause, she probably would not have been hired. Also, it's unlikely that the employer would have considered other options even if Lucinda had suggested them. For many employees like Lucinda, the option is to sign the contract or not work.

Unions claim to protect employees because they have a company-wide contract which protects employee rights. Often, they can do battle with employers on behalf of employees to ensure the rights of employees are protected. Unfortunately, not many businesses have unions.

"At will employment" operates in nearly every state in the Union.

There are some states which do not require the clause, but that doesn't guarantee against "unreasonable" termination.

Since the proof of wrongful termination rests with the fired employee, it is difficult to bring the matter to court and expect positive results. The employer can either direct the attention to the At-Will clause, or simply submit proof of unsatisfactory performance and violations of employee handbook rules. In most cases, the at-will employment clause favors employers more than employees.

To safeguard yourself against such practices, you must carefully consider any and all paperwork required for employment. It is well known that most small to moderate businesses are protecting themselves from lawsuits filed by terminated employees, so use caution in the hiring process to protect your position.

Written contracts for the position you are seeking should be drawn by a qualified attorney and signed by both parties. Spoken arrangements should be transcribed and signed copies given to each party.

These methods are some of the few legal steps that may guard against "unreasonable" or unfounded termination.

There are, however, several laws both at the Federal and State level that protect against discrimination or abuse by employers. By law, most workplaces have a sign describing the State and Federal policies. You ought to read it. Knowledge is power.

At will employment - You have to protect yourself

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