Not Understanding At-Will Employment Puts Employers at Risk
Dear Victoria,
As you may know, "at - will" employment refers to a common-law rule that the employment relationship may be terminated by the employer or the employee at any time, for any reason, with or without cause or notice.
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For employers, the ability to terminate an employee whenever they would like to for any reason is invaluable. This perception, however, is not quite accurate. Overtime, the implementation of new federal and state laws and the application of certain concepts have created conditions that are more in favor of today's employee.
To minimize the risks of wrongful termination claims, every employer needs to understand at least three big exceptions to the employment at-will concept:
* Public Policy: A wrongful termination when the reason for employment termination is contrary to an established public policy( i.e. terminating a pregnant employee which is prohibited under current Federal statues.
* Implied Contracts: A contract between the employer and employee although no written documentation exists regarding the employment relationship ( i.e. "Probationary Period" language in the Employee Handbook).
* Covenant of Good Faith: An implied agreement the employer is to treat employees honestly and fairly (i.e.
A "just cause" standard placing a burden of proof on the employer to justify the basis for discipline or termination of an employee).
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To help mitigate your risk contact McCabe Consultants today for our termination packet. This packet provides key tools to accomplish your termination legally.
Call McCabe Consultants to learn about effective hiring, performance management, or employment terminations at (818) 704 - 7838 today.
Warm Regards,
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The Team at McCabe Consultants


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