What is "at will" employment?

"At-will employment" is a legal concept that refers to the default employment relationship in many jurisdictions, including the United States, where employment is presumed to be voluntary and can be terminated by either the employer or the employee at any time, with or without cause or notice, and without incurring liability. In other words, at-will employment allows employers to terminate employees for any reason or no reason at all, and it allows employees to resign from their jobs at any time without providing a reason.

Under the at-will employment doctrine, employers generally do not need to provide employees with a reason for termination, and employees do not have a legal right to continued employment. However, there are certain exceptions and limitations to at-will employment, which may vary depending on the jurisdiction and specific circumstances. Some common exceptions to at-will employment include:

1. Contractual Agreements: If there is a written or implied contract between the employer and employee that specifies a fixed term of employment or sets forth conditions for termination, then the at-will employment doctrine may not apply.

2. Statutory Protections: There are federal, state, and local laws that prohibit employers from terminating employees for certain protected reasons, such as discrimination based on race, gender, age, disability, religion, national origin, or other protected characteristics. Employees who believe they have been terminated for a protected reason may have legal recourse under these anti-discrimination laws.

3. Public Policy Exceptions: In some jurisdictions, employees may have protection from at-will termination if they are terminated for reasons that violate public policy, such as whistleblowing, exercising labor rights, or reporting illegal activities.

4. Implied Covenant of Good Faith and Fair Dealing: Some jurisdictions recognize an implied covenant of good faith and fair dealing in the employment relationship, which may limit the employer's right to terminate an employee arbitrarily or in bad faith.

It's important to note that the specific laws regarding at-will employment vary by jurisdiction, and employees and employers should seek legal advice from qualified professionals to understand their rights and obligations under applicable laws. It's also worth noting that while at-will employment is the default in many jurisdictions, employers and employees can still choose to enter into written contracts or other agreements that modify or waive the at-will employment doctrine and establish different terms and conditions of employment.