What is “at-will employment”? Does that mean I can fire an employee for any reason?
Question: What is “at-will employment”? Does that mean I can fire an employee for any reason?
Answer from Marisa, SPHR: At-will employment means that the employer or employee can end the employment relationship for almost any reason (with or without cause) at any time (with or without notice).
It does not, however, allow you to terminate someone for an illegal reason, like their inclusion in a protected class or their exercise of a legal right.
Every state (except Montana) assumes the employment relationship is at-will unless there is a legal agreement in place that says otherwise. Assuming you want to maintain the at-will relationship with employees, we recommend including clear language about this in your employee handbook. But keep in mind that even with an at-will relationship, terminations carry risk. A terminated employee can always claim that they were terminated for an illegal reason, at which point you’ll want to be able to show otherwise. To reduce that risk and nip any potential claims in the bud, you should have and document a lawful, business-related reason for each termination.
You can find more information on employment termination and at-will employment on the platform. If you would like more information on drafting an employment contract, please contact an attorney.
This Q&A does not constitute legal advice and does not address state or local law.
Marisa has experience working in a wide variety of HR areas, including payroll, staffing, and training. Having supported HR functions in various industries, Marisa is able to apply her knowledge to each client's particular situation. Marisa earned her B.S. in Business Administration and Communications from the University of Oregon. She loves movies, trying new restaurants, traveling, volunteering, and spending time with her three dogs.
Legal Disclaimer: OTP is not engaged in the practice of law. This post should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. OTP cannot be held legally accountable for actions related to its receipt.