You may ask what exactly “at-will employment” is. You are definitely not alone in thinking so, many people do not know the definition of at-will employment, or the legalities of the same, despite most of the employment relationship in U.S. are “at-will” except when you have a contractual agreement.
At-will employment, simply defined as “an employer can fire an employee at any time for almost any reason without any legal liability. Similarly, an employee can quit their job at any time without notice.”
At-will employment depicts freedom for both employers as well as employees. At-will employment protects both the employee and the employer by providing them with no-fault freedom to part if they are not a good working match, assuming none of the exceptions apply.
For example, if an employee is always late or a nonperformer, the employer can let them go. But that is a serious reason for termination. In fact, employers have great deal of freedom when it comes to reasons for firing an at-will employee which actually includes very trivial reasons too.
Alternatively, the at-will employment also allows an employee to quit for whatever reason, at any time. For example, the employee has got a better opportunity, does not enjoy the work culture at the current position, or simply does not like the boss, it does not matter, they can leave immediately, and the employer generally cannot do much about it.
So should you hire at-will-employees?
Some of the arguments for at-will-employment include, but are not limited to:
It often promotes a work culture based on merit. It provides freedom from contractual proviso that otherwise may have to be negotiated and renegotiated every year.
Employees may have more freedom in elucidating their role at the company. It may attract more top-notch talent since some employees do not want to work any place where they feel trapped and in the fast-paced world we are living in, career changes are more common than not.
Again the company too has the freedom to quick-fire employees who are a bad fit or who are found harassing or bullying other employees.
When is Employment At Will potentially unlawful?
Employers can fire an at-will employee for any reason, but for the exceptions and those are for discriminatory reasons such as the employee’s:
1. Race
2. Sex
3. Age
4. Disability
5. National origin
6. Religion
7. Pregnancy status
Additionally, some states include sexual orientation and gender identity as unlawful discrimination.
There are surely advantages to Employment-At-Will for both the employer as well as the employee.
Pros of Employment-At-Will, not limited to:
1. Workers and organizations have more flexibility in the employment contract; in short career freedom.
2. Job availability.
3. This structure focuses on the merits of each worker.
4. You can stay focused on the work instead of the employment structure.
5. This concept reduces the threat of a strike or union issue.
6. It reduces the conclusive issues that are in place with contract agreements.
7. Legal protections in place for the employee.
Is at-will employment intimidating?
Well, at-will employment is not as intimidating as it sounds. If you look at it, it definitely is not in the employer’s financial or business interest to simply fire an employee without any issue. The at-will-employment document can seem more ominous than in practice. However, knowing that employees cannot be termination for reasons related to protected classes can be helpful for both parties.