Topics
HR Support with At-Will Employment
Editor's Note: Preserve your right to an at-will employment relationship where possible.
Overview: The employment at-will doctrine provides employers with critical flexibility when it comes to terminating employees for disciplinary issues, poor performance, or in connection with layoffs or restructuring. However, the doctrine is interpreted and applied differently in the 50 states and the District of Columbia.
Common exceptions are made for employees retained by an employment contract, employees protected by implied contracts, terminations that would violate public policy, terminations made in bad faith and other employment-related claims like intentional infliction of emotional distress, defamation and fraud.
Given the myriad exceptions, it is imperative that employers take steps to preserve the at-will relationship. HR professionals should ensure employees sign and acknowledge at-will disclaimers, craft and distribute policy manual or employee handbook provisions detailing the employment at-will doctrine, and educate supervisors regarding the risks of promising employment tenure or certain grounds for termination. In that regard, the employment at-will doctrine is only as powerful as the employer's program to implement it.
Trends: The landscape of wrongful termination law, including the exceptions to the employment at-will doctrine recognized in each state, is constantly evolving with notable recent cases in North Carolina and Texas. Given these developments, it is crucial that employers monitor the evolution of the employment at-will doctrine in their state(s) so that when it comes time to make the difficult decision of terminating an employee, they are fully informed as to the possible implications.
Michael Jacobson, J.D., Legal Editor
Latest items in At-Will Employment
-
Employment At-Will Content Enhanced in Several States
XpertHR has enhanced its coverage of the Employment At-Will doctrine in several states, including Louisiana, South Carolina, the District of Columbia and Texas. Employers with locations in these jurisdictions should review these additions to further enhance their understanding of how the employment at-will doctrine works in these states, together with the major exceptions to it that are relevant to defending and preventing wrongful termination cases.
-
Employment Offer: Colorado
In-depth review of the spectrum of Colorado employment law requirements HR must follow with respect to employment offer.
-
Terms of Employment: Vermont
In-depth review of the spectrum of Vermont employment law requirements HR must follow with respect to terms of employment.
-
Terms of Employment: Texas
In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to terms of employment.
-
Terms of Employment
The terms and conditions that govern the employment relationship are typically governed by federal and state employment laws, including antidiscrimination laws. This section helps HR professionals avoid discriminating on the basis of race, color, religion, sex, pregnancy, national origin, age, disability, genetic information and veteran status throughout the employment relationship.
-
Terms of Employment: New York
In-depth review of the spectrum of New York employment law requirements HR must follow with respect to the terms of employment.
-
Tennessee Recruiting and Hiring Sections Updated to Include Interference With Employment
The Tennessee Employment At-Will and Terms of Employment sections have been updated to reflect a discussion of the intentional interference with employment cause of action available to employees, illustrated in a recent case decided by the Tennessee Court of Appeals.
-
Terms of Employment: Tennessee
In-depth review of the spectrum of Tennessee employment law requirements HR must follow with respect to terms of employment.
-
Employment At-Will: Tennessee
In-depth review of the spectrum of Tennessee employment law requirements HR must follow with respect to employment at-will.
-
Employee Handbooks - Work Rules - Employee Conduct: Oklahoma
In-depth review of the spectrum of Oklahoma employment law requirements HR must follow with respect to employee handbooks - work rules - employee conduct.
About this topic
Guidance for HR on the importance of the employment at-will doctrine.