At Will Employment Essay

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“At Will” Employment University of Phoenix BUS 415 Charles Spain December 8, 2010 Job applicants and new employees are often surprised to read a job application, employment contract, or employee handbook that they will be employed "at will." They are even more surprised when they find out exactly what “at will” means: An at-will employee is an employee that can be fired at any time, for any reason without much of an explanation. If the employer decides to let you go, that's the end of the job; and there are very limited legal rights to fight the termination. If you are employed at will, your employer does not need good cause to fire you. Every state in the United States is an “at will” employment state other than Montana (The Legal Dictionary, 2010). Employers have the right to adopt at-will employment policies, and most employers have already put “at will” rules in place. Most employers are assumed to be at will employers unless there is written documentation that states otherwise. In most cases the law presumes that employees are employed “at will” unless the employee can prove through written documents or oral statements your employer has made, that the employment agreement is set up differently. Many employers are careful to point out in applications or employee handbooks that their employee agreement is to work at will. If there was not a signed at-will agreement, usually within the handbook or company intranet there is specific language pointing out the “at will” policies of the company. Even if the employer does not use the term "at will," statements that include you can be fired without good cause are indications that the employer follows an at-will policy. Some employers have written policies that require good cause to fire, and just as there is a written “at will” policy, the employer will give a list of reasons for which employees can be

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