TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

SEPTEMBER 2007: "AT WILL" WHAT DOES IT REALLY MEAN?

The words “At Will” strike fear into the hearts of most employees. Indeed, employers wield these two words like a sword seeking to strike down any feelings of empowerment or job entitlement employees might believe they have. Employers do this by constantly reminding employees in handbooks, offer letters and orientation seminars that employees are at their mercy because they have the right to hire or fire employees for any reason or no reason at all.

To some extent this is an accurate description of the relationship between employers and employees in the United States. In essence, the employee-employer relationship is like dating. Either party is free to terminate the relationship without so much as an explanation or even a telephone call to say good-bye.

There are some other concepts to keep in mind that are both positive and negative. On the positive side, there are limitations on the At Will doctrine. First, the At Will doctrine cuts both ways. If you are unhappy or get a better job offer you too are free to leave. You may also accept a job offer and if a better offer comes along either before, or even after, you start your new job you are free to take it. Second, At Will is limited by laws such as those against discrimination as well as any contractual agreements an employer enters into with its employees. Third, At Will is relevant only to the relationship. It does not allow the employer to avoid payment that was earned or may be due by agreement. On the negative side, your employer may not abide by the law or its contractual arrangements knowing that not every employee has the economic or emotional means to pursue them.

When I explain this to my clients during consultations I am not trying to scare them. Instead, I am trying to give them an understanding of the foundation upon which their employment relationship rests so that we can then move forward to analyzing how best to manage and negotiate a resolution to their employment issues. Without a basic understanding of At Will you may overlook the fact that, as will be discussed next month, the terms of your employment are negotiable.

Next Month’s Tip: THE TERMS OF YOUR EMPLOYMENT ARE NEGOTIABLE

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.