Employment-at-Will Laws
The majority of employees are at-will employees. According to Nolo.com, a court presumes that an employee is at-will unless the employee can demonstrate otherwise. Being an at-will employee can have significant impacts on leaving a job or being fired from a job.
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Leaving an At-Will Job
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At-will employment laws allow employees to freely quit a job. In general, there is no law that requires an employee give an employer notice before quitting a job. However, employers are generally able to fire at-will employees for any cause whatsoever---provided it is not illegal or wrongful. In limited cases, an at-will employee can only be fired for cause.
Being Fired For Cause
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At-will employment laws can vary by state. In most states, courts may find that an employer could only fire an at-will employee based on an implied contract basis (according to the Bureau of Labor and Statistics). If an employment handbook contains promises that indicate or promise that an employee's job is safe or secure absent cause for termination, an employer may be barred from terminating that employee unless she has good cause to do so.
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Wrongful Terminations
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Despite an employer's ability to fire an at-will employee for any cause or no cause at all, certain actions taken by an employer can give rise to a wrongful termination lawsuit. An employer must respect an at-will employee's civil rights, for instance. It is illegal to fire an employee solely because of her age, race, religion or gender. It is generally wrongful to fire an employee for a reason that violates public policy concerns, such as firing an employee for reporting the employer to authorities for workplace violations.
At-Will Rights
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At-will employees are also protected by laws regarding minimum wage and overtime. Many of these rights are set forth in the Fair Labor Standards Act. If an at-will employee works for an employer covered by the Family and Medical Leave Act, she is entitled to take up to 12 weeks of unpaid time off to care for the serious medical needs of her family. Additionally, at-will employees are entitled to a safe working environment. Many of those regulations are found in the Occupational Safety and Health Act.
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