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What is at-Will Employment?

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  • Written By: Susan Grindstaff
  • Edited By: Heather Bailey
  • Last Modified Date: 14 December 2017
  • Copyright Protected:
    2003-2017
    Conjecture Corporation
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At-will employment is a legal term commonly found in many employment contracts and work agreements. Essentially, at-will employment means that the employer can terminate employment at any time and for almost any reason. Generally, any worker hired under these circumstances generally has very little job security. At-will employment is a legal term used primarily in the United States (US), but some other countries have similar legal clauses, though they are referenced differently.

Many people accept jobs without contracts or jobs that do not outline specific guidelines related to firing. In those cases, US law typically assumes that the employee as working under laws governing at-will employment, and the employers can terminate the employee without cause. That is to say, that even if the employee is doing a good job and has broken no rules of conduct, their employer is under no obligation to continue employment. Employees who wish to discover the status of their employment should probably look over any documentation relating to their jobs. Most companies go to great lengths to be sure this information is documented, as it could help protect them from lawsuits related to the firing of employees.

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Employment that offers job security is in most cases preferable to jobs that do not, and one good way to ensure protection is to ask for an employment contract. Ideally, the contract should contain written language that outlines what conditions or behaviors could result in termination. Contracts that protect employment are more typical in higher paid fields of work or in situations where the worker is protected by a union. Unions are organizations that help negotiate employment and protect workers from unfair labor practices.

In some circumstances, US workers are protected by federal and state laws that take precedence over laws regarding at-will employment. These laws prohibit firing on the bases of age, gender, or race. In addition, regardless of employment status, employers cannot fire their workers for filing complaints with labor boards or for reporting the employer for illegal activities.

Some countries offer protections that go beyond race, religion, and gender. For instance, in 1996, the United Kingdom enacted new law called the Employment Rights Act. This act further states that women are guaranteed a certain amount of time for maternity leave and that discrimination involving pregnancy constitutes discrimination based on gender. In addition, as regards both men and women, the act generally requires that employers give their workers reasonable notice before dismissal, and often requires that some employer compensation be paid.

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