At Will

kaw413

If you are an "At-Will" state, it is necessary to have your employees sign an acknowledgement of this? If you don't, as an employer are there any ramifications?

Thank You.

Margaret Morford

You are not required to have employees sign an acknowledgement. The danger comes when you don't and one of your managers says something to an employee like, "As long as you do a good work work, we''ll always have a job for you." This can be contrued as a contract of employment that takes you out of at-will status. An offer letter that lists an annual salary can be construed as a contract of employment for a year. This is why employeers get employees to sign an acknowledgement that they understand they are at-will and that nothing (including the handbook) can be construed as a promise of continued employment. Usually the acknowledgement states that any contract of employment must be in writing signed by the CEO to insure tht employees understand exactly what would take them out of at-will status. Hope that helps.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Helena

Margaret:

We are in California and all employees sign an acknowledgement
upon hire. Our management team also signs a "Offer Letter" but
part of that letter reads; "If you choose to accept this offer,
please understand your employment is "at-will," voluntarily
entered into and is for no specific period. As a result, you
are free to resign at any time, for any reason or for no reason.
Similarly, ______________Corporation is free to conclude its at-
will employment relationship with you at any time, with or without
causel."
This eliminates anyone believing they have a contract of employment
with us.

Helena

Margaret Morford

Helena,

I recommend the exact same thing. I put the at-will language in the offer letter and in the acknowledgement of the handbook. That way you have the employee's signature twice. Some companies have employees sign an acknowledgement annually. I'm not a big fan of this because it's like constantly telling an employee I can fire you at any time. I think twice is enough to protect you.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Min

I have our employees sign an "employee acknowledgement" upon hire that explains that their employment at our hospital is "at-will". We did have one instance where this did save our rear-ends. If you give me your fax number I would be happy to send you a copy of this for you to look at.

Mindy

kaw413

thanks all for the information. We do have an At-Will acknowledgement letter in place that we have our employees sign, but I know of a few companies that don't and was just curious of any ramifications if they don't.

Thanks a bunch. I appreciate the offer Mindy.

Katrina

Gillian

For another discussion of the topic see the threead "at will employment agreement" dated April 25,2002. This thread discusses the pro's and con's of at will.