At Will Employment -What Does It Mean?

 Who Does At-Will Apply To?

At-will employment is applied to any employee who does not have a clearly defined contractual employment agreement. Essentially it means that an employer can dismiss an employee at any time, without cause.

For employers, this can be a sense of relief because the employer does not have to deal with a difficult or troubled employee, should the situation present itself in the workplace. Employers and employees often misunderstand the implications of this law.

What is California at-will employment law exactly? It's defined as any employment arrangement where there is no contract and either party - that is, the employee or employer - can terminate the employment any time with proper notice.

How Can California At Will Employment Help Employers

Having at-will employees does not protect you from lawsuits or any other attempts that can be made by a disgruntled employee to get their job back or receive compensation. There are a good number of measures that a company can take to protect the company to mitigate the number of lawsuits sustained by former employees.

Here are some quick tips to keep note of:

-Know the do's & don'ts of the at-will employment law.

Remember that employer's rights refers less of what the law allows the employer to do, and more to what they should avoid doing.

-Have a clear agreement which spells out the statutes for the employee and have him/her sign.

This will ensure that the employee understands the at-will agreement and minimizes this being raised later should you be brought in to court by a former employee.

-California at-will employment is just that - at-will. 

Unless there is a contract spelling out why and how an employee can be terminated, there is no agreement to that effect. You can let an employee go at any time.

-Educate your managers about California at-will employment. 

Your business depends on this. Their understanding that at no time should they ever make any promises about employment to any employees will also lessen the chances of lawsuits.

Any signed agreement with any employee should also be sure to include their at-will status under the California at-will employment law, and should not guarantee future employment with the company. You must be sure that the employee understands that they are not protected from at-will firings.  The employment agreement should also state this clearly.

  

 Knowing your rights as a California employer will lessen the number of legal disputes that may occur from a disgruntled employee.  It is best to contact a general counsel attorney or one well versed in employment law for further questions or questions not covered in this article.

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