We live in an era of increasing economic uncertainty, and with it, ongoing waves of worker layoffs, reshuffling job duties, and No-fault firings have become all too common. If you are an executive in the Los Angeles area, consideringAt-Will Employment, you likely have numerous questions about this legally-mandated employment status.

This article will answer key questions you may have about At-Will Employment, such as:

* What isAt-Will Employment?

* Who is Affected byAt-Will Employment?

* What are the Restrictions, If Any, onAt-Will Employment ?

* What Protections are Offered to Employees by theAt-Will Employment Doctrine?

At-Will Employment is a common-law legal principle that states that either a company or employee can terminate the employment relationship at any time, without cause or without giving notice. It has been adopted in some form by all but two U.S. states.It is similar to the contract of employmentgs in other countries, but At-Will Employment is different in that it imposes certain rights and responsibilities on a company and its employees.

TheAt-Will Employment doctrine is often a subject of confusion, and significant confusion remains as to who is affected by At Will Employment and what restrictions are placed on both parties regarding its termination and implications.

What isAt-Will Employment ?

TheAt-Will Employment doctrine is a rule under common law that an employment relationship may be terminated at any time for any reason by either party, provided that no other law or contractual agreement is violated in the process. The most common form ofAt-Will Employment most workers in the United States experience is that employers may terminate the employee for any reason, or even for no reason at all.

Who is Affected byAt-Will Employment?

At-Will Employment applies to all employees in the United States, subject to a few exceptions.In general, certain classes of employees are exempt fromAt-Will Employment and have specific protections under the law.These include government and school employees, public employees, collective bargaining employees, and employees with employment contracts.

What are the Restrictions onAt-Will Employment?

At-Will Employment is subject to certain legal regulations. Employers cannot terminate an employee’sAt-Will Employment for any of the following reasons:

* Discrimination: New federal and state laws prohibit discrimination based on race, color, religion, national origin, sex, pregnancy, or disability.

* Retaliation: It is illegal to terminateAt-Will Employment because an employee reported an illegal act in the workplace or other activity that is protected by law.

* Public Policy: It is illegal to terminateAt-Will Employment if it would be contrary to public policy. An example of public policy would be to terminateAt-Will Employment for a worker who breaks a safety rule to prevent an injury.

What Protections are Offered to Employees withAt-Will Employment?

At-Will Employment does not offer employees the same contractual protection that those with a regular employment contract have. Nonetheless, there are several protections that employees withAt-Will Employment have, including the following:

* Unlawful Discrimination & Harassment: Employers may not terminate an employee due to race, color, religion, national origin, sex, pregnancy, or disability.

*Promises of Ongoing Employment: Employers may not terminateAt-Will Employment if they’ve promised an employee that they’ll remain employed in certain circumstances.

*Fraudulent Misrepresentations: Employers may not terminateAt-Will Employment if they’ve made a fraudulent misrepresentation to an employee about the terms of their job.

In the end

At-Will Employment is often confusing and has a number of legal restrictions regarding its termination and its protection of employees. This overview of frequently asked questions should have helped to clarify some of the ambiguities of At-Will Employment and its various protections and formations legally.

If you have questions about At-Will Employment or need legal counsel regarding any other employment-related matter, reach out to one of the experienced employees in UpCounsel’s legal network to get the advice and support you need.

Topics:

At-Will Employment,

Employment Contract,

Discrimination