Many jobs include the phrase "at-will" in the employee description. In general, at-will means an employee can be fired for any reason at any time. You can fight the termination, but you have limited legal rights. As an employee, you should make time to understand exactly what this phrase means.
How do you Know if You're at At-Will Employee?
The law assumes that you are an at-will employee unless you can prove otherwise via written documentation or oral statements. Check the job application, your employee manual, written policies, job evaluations and other documents to verify how your employer views you.
Review All Employee Paperwork
Before you're officially hired, you are typically given several documents to review. These documents could include:
- Employment application
- Employment contract
- Employee handbook
- Job offer letter
When to Sign and Not Sign At-Will Agreement
You don't legally have to sign an at-will agreement. However, your employer may refuse to hire you or terminate employment if you don't sign it.
Also, remember that many employers will try to work out differences and disagreements with employees rather than fire them on the spot. You may not have a choice about signing an at-will agreement, but it doesn't guarantee that you will automatically be terminated the first time you make a mistake or disagree with your boss.
Think twice about signing an at-will agreement if your employer promises not to fire you during a probation period or if you make mistakes. Signing an at-will agreement can void a verbal promise, leaving you with fewer legal options. If you are concerned about protection related to termination, consider reviewing Termination of Work Coverage.
Know Your Rights as an At-Will Employee
At-will employees may be terminated for any cause and at any time as long as the termination is legal. There are several exceptions.
If you are worried about wrongful firing or employer liability, you may want to learn more about protections and related coverage such as Wrongful Termination Insurance (EPLI).
Exceptions
Discrimination - If your employer must follow federal and state non-discrimination laws, you cannot be fired because of your race, gender, religion or other protected status.
Whistle blowing - If you complain about illegal activities on the job, including discrimination, harassment or safety violations, your employer cannot lawfully fire you for that complaint.
Exercising your legal rights - Your employer cannot fire you while you are on medical leave, serving in the military, on jury duty or performing other protected legal rights you have as an employee.
Protect your employee rights when you understand what it means to work at-will. You can always ask your attorney to clarify the details before you sign your next employment agreement.
If you need help with insurance-related questions about termination or employment exposure, talk to an agent.
Frequently Asked Questions
Can an employer fire me for any reason if I'm at-will?
Generally, yes, but not for illegal reasons such as discrimination or retaliation for protected activity.
Does signing an at-will agreement waive all my rights?
Signing an at-will agreement does not eliminate statutory protections like anti-discrimination laws or rights under leave statutes.
What should I keep as proof if I think I'm not at-will?
Keep written contracts, offer letters, employee handbooks, performance reviews, and any emails or notes that contradict an at-will statement.
Can verbal promises override an at-will clause?
Verbal promises may be evidence in some cases, but written documents usually carry more weight; consult counsel for specifics.