Should You Use At-Will Employment?

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An employment agreement is typically at-will. That means employees or the employer may terminate their working relationship at any time – and for any (legal) reason. Even if the employee did nothing wrong, the employer can terminate their contract as long as they have proper reason for the termination.

Can You Change At-Will Employment Status?
In the United States, all work is at-will employment unless otherwise specified. If the employee and employer agree to a specific work contract, then the at-will status can be changed.

Benefits of At-Will

At-will employment benefits both parties. An employee can leave the company at any time, without having to fulfill a specific time period. Employers can let their staff go if they have staff changes that need to be made, without being forced to pay a severance pay or face a breach of contract. With at-will, the employer does not have to provide the employee with any reason for their termination, which gives employers broad discretion as to how employees are handled.

Exceptions to At-Will Employment

There are exceptions to the at-will rules. Plus, every state has their own separate exclusions to the rule. Therefore, employers should consult with their employment lawyer in San Antonio before assuming they can terminate an employee. Some exceptions to the at-will employment rule include:

• A termination that violates Federal discrimination laws – such as terminating an employee because of their gender, age, handicap status, pregnancy, race, religion, etc.
• A termination that violates a state employment or public policy.
• A termination after a contract was created to change the status away from at-will employment.
• A termination after a Good Faith and Fair Dealing arrangement was made.

Consult an Employment Lawyer

Sometimes you do not need a written agreement for an employee’s status to no longer be at-will. If there is any implication that the employee is no longer at-will, terminating them could result in severe legal consequences. Therefore, you should consult with your employment lawyer San Antonio before terminating your employees. To better protect yourself, your attorney may have you create employment contracts with your staff.