Decreasing the Legal Risks of Employee Termination

By Barrie Gross, Esq.

By now most people are familiar with the term "at will" employment, a concept that means either

the employer or the employee is free to end the employment relationship at any time, with or without notice or cause. Most employers throughout the United States establish at-will relationships with their employees, either as the result of the law or existing policy (or a combination of both). But does this broad principle that seemingly gives you the freedom to manage your workforce as you see fit actually function in the way it is written? The answer is both yes and no. 

Assuming that you haven't used an illegal basis for terminating an employment relationship nor done anything during the relationship to change the at-will status of your employees, the at-will doctrine means what it says. But, in reality, the exceptions to at-will employment can gobble up the rule. And unless you've followed good practices to enable you to defend against termination claims, at-will employment status of your employees will do no more than look good on paper.