Q. I live in an “employment at will” state.  What does this mean and how does it affect me?

A. The general rule which describes the nature of the employment relationship in most states is known as employment at will.  The usual statement of the rule is that either party has the ability to end the employment relationship at any time, with or without notice or cause.  While there are limitations or exceptions to this rule, what it means is that on the whole, we may have fewer rights to retain our jobs that we would like to be the case. 

As to exceptions, the employment at will doctrine does not apply to you if you are covered by a collective bargaining agreement or if you have an individual employment agreement which contains either a specific term of employment or a provision which provides employment can be terminated only for cause.  In the later case, the agreement would contain a definition or listing of what would be adequate cause for termination.  Also, jobs covered by civil service laws may not be terminable at will. 

There are also several public policy exceptions to employment at will.  For example, no one can be discharged for an illegal reason, such as due to discrimination based on a protected class; also several states offer protection to bona fide whistle blowers.

Another way in which exceptions to the at will doctrine can be created is through implied contracts, which are statements not intended to create a contract, but which have the same effect.  Generally these limitations arise from such sources as language in employee handbooks or policy manuals or conversations during which a statement is made which appears to be a promise.  To blunt claims there has been a change to the at will employment relationship due to the existence of an implied contract, most employers use disclaimers. 

Disclaimers are generally found in such places as employee handbooks or policy manuals or employment application forms.  A disclaimer will generally state that all employment with the employer is at will, unless specifically stated otherwise in writing, and that no oral statements can modify the at will nature of the employment relationship.  Some disclaimers also name the person who has authority to alter the at will relationship.  Disclaimers also generally note that the handbook is not, and is not intended to create, an employment contract.  Often there is a statement that policies can be added, amended or discontinued at any time with or without notice to employees.  Some even state the person who has authority to change policies or issue employment contracts. 

The employment at will doctrine is well established and is the traditional way in which employment relationships are formed and managed.  Absent any legislation to the contrary, employers will continue to offer only at will employment relationships and take the steps necessary to protect the doctrine in the workplace.  Employees will likely continue to look for ways to challenge at will employment and to create new exceptions or limitations through litigation.  

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