At-Will Employment – The Cornerstone of Employer Rights
Wrongful termination, breach of contract, discrimination and harassment: that’s all we small business owners and management hear and read about in the media. We don’t hear that the employment relationship under California law is presumed to be “at-will.”
At-will means either the employer or the employee may terminate the employment relationship at any time, for any reason or no reason at all, with or without notice.
Does that mean you can just fire at will?
No. You want to be careful because as noted above there are “exceptions” to this general rule, i.e. all the above lawsuits as well as others. However, preserving at-will status goes a long way towards protecting your business against unfounded claims.
Protect your at-will right
At the very least, management should take all precautions to maintain its right to terminate “at-will.” For example, if your small business has an employee handbook, reminders that the employment is “at-will” should be plastered all over it. If your business uses job applications or offer letters, they should include “at-will” language consistent with the handbook at-will language. The handbook acknowledgment should contain an “at-will” statement with what we lawyers call an “integration clause.” An integration clause essentially states “at-will” is the only agreement between the employer and employee as to the “at-will” nature of the employment, it overrides any agreement to the contrary and can only be modified in writing signed by the President of the United States.
Avoid “progressive discipline” policies. Avoid calling the first 90 days of employment a “probationary period” (try “introductory” or “orientation” instead).
Vision Law Corporation believes employers can save time, money, and unnecessary disruption to their business through effective, proactive efforts. That is why we have created our innovative fee programs for small businesses. We invite you to consider how cost-effective representation could save your company millions, or simply save your company. Then contact us for an initial consultation about your employment and labor law needs.
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Contact Us
For a consultation with a Sacramento employment lawyer at Vision Law Corporation, call 916.780.1920, or contact us online.
Our attorneys serve clients throughout Northern California, primarily in the cities of Roseville, Sacramento, Cameron Park, Davis, El Dorado Hills, Folsom, Lincoln, Rancho Cordova, Rocklin, Stockton, and West Sacramento, and Woodland, California.
