At-Will EmploymentAttorney in Omaha, Nebraska
At-will employment is a very common type of employment relationship in which either the employer or the employee can terminate the relationship at any time, for any reason (with the exception of reasons that are unlawful, see discrimination or retaliation). This is in contrast to a contract of employment, in which the employer and employee agree to certain terms and conditions of employment, such as the length of the employment period and the reasons for which the employment may be terminated.
At-will employment is the default employment relationship in the United States. This means that unless an employer and employee have entered into a contract that specifies otherwise, the employment relationship is considered to be at-will.
At-will employment offers both advantages and disadvantages to employers and employees. For employers, at-will employment allows them to terminate an employee at any time, for any reason (with the exception of reasons that are unlawful). This can provide employers with flexibility and the ability to quickly respond to changes in their business needs.
For employees, at-will employment can be less secure than a contract of employment. Since either party can terminate the employment relationship at any time, without notice, employees may be at risk of losing their job without warning.
Despite these potential disadvantages, at-will employment is generally seen as beneficial for both employers and employees. It allows employers to quickly and easily adjust their workforce to meet changing business needs, and it allows employees the freedom to leave a job that is not a good fit for them.
There are some limitations on the ability of employers to terminate at-will employees. For example, employers cannot terminate an employee for reasons that are unlawful, such as discrimination on the basis of race, gender, or age. Employers also cannot terminate an employee in violation of an implied contract, such as a promise of job security in exchange for loyalty.
In addition, some states have adopted laws that limit the ability of employers to terminate at-will employees. For example, in Nebraska there are laws in place that prohibit employers from terminating employees for certain reasons, such as taking time off to vote or serve on a jury.
Overall, at-will employment is a common and generally beneficial form of employment relationship in the United States. It offers flexibility and freedom to both employers and employees, while also providing some important protections against unlawful termination. If you have questions about an at-will employment issue, please feel free to call Joseph D Hall & Associates!