The basic law of employment at will states that ôan employer may dismiss at any time an employee who was hired for an indefinite period, for any reason or no reason, without incurring any liability to the employeeö (ôEmployment at Willö). Although the law recognizes and supports this concept, it is up to employers to ensure that employees clearly understand that their employment is at will, and that if they are terminated there does not need to be a cause (ôEmployment at Willö). Failure on the part of employers to establish this clearly in all employee manuals and all communications with the employee can prompt the courts to rule in favor of the employee (ôEmployment at Willö). Above all, there must be no implication of any type of contract, such as indicating that the employee will remain employed with the company as long as his or her performance remains satisfactory (ôEmployment at Willö).
Employers having an Employment at Will policy are advised to implement the policy even-handedly to all employees across the board. They should be prepared to show good cause when terminating an employee, in spite of the at will policy; even if the policy is clearly established, courts may rule against the employer if the employer cannot substantiate the termination with the employeeÆs employment record at the company and proof that the employee was given a chance to explain his side of the story (ôEmployment at Will or Employment at Whim?ö). The employer must be able to show that other employees were disciplined the same way for similar violations and that the employee handbook lists violating company policy as good cause for termination (ôEmployment at Will or Employment at Whim?ö). Furthermore, the employer must be careful not to terminate any employee that is currently involved in a sexual harassment proceeding against the company, an effort to make the workplace a union shop, or any other process or c
...