soften our "at will" statement

pecohr

I am wanting to soften our "at will" statement but at the same time not impact it in a negative way. Do you have language that is not to blunt but yet doesn't degrade the content?

and, do you add "at will" language to the scope sections in all of your policies?

Thanks for your help,
Stuart

Leslie

I don't know if at will can be soft but here's ours:

Nothing contained in this manual should be construed as a guarantee of continued employment, but rather, employment is on an at will basis. This means that the employment relationship may be terminated at any time by either the employee or the company for any reason not expressly prohibited by applicable law. The policy statements contained in this manual do not intend to negate this principle.

Don D

If you want it really soft, don't even include it. Not including it doesn't preclude its use, if needed.

mwild31

Hi Stuart - why do you want to soften the language of your at-will policy?

gillian2

My guess is he wants to soften it because it p-, oops, irritates employees no end and creates problems in recruiting when offer letters go out with the famous language or when the HR orienter person reminds the brand new hire, just to make them feel welcome, that they can be employed or terminated at will, with or without cause, reason etc. etc. The bottom line to this is that if an employer operates in a proper way, using progressive corrective action and due process and doesn't do stupid things where "at will" is needed as a backup, then the risk of softening it is drastically reduced. At will is used my attorneys as the first defense is a lawsuit - see, we operate at will, therefore we could fire this guy anytime we want to. When they lose at the first stage, as they do most often, then they resort to justifiying the termination based on just cause. They know a jury won't buy the idea that employees can be terminated at will. Everyone, we are chess pieces in the game of dueling attorneys and we too willingly play along.

mwild31

I guess on this issue, I'm a traditionalist. I like to keep the At-Will statement pretty firm & flaunt it regularly in my handbook, pocket policies & recruitment letters. During interviews and new hire orientations, we talk about our turnover rate - very low, we express whether or not a new position is being created or if the applicant would fill an existing position - and brief details as to why the other person is no longer is the position. Basically, we talk about so many different things, that this issue doesn't really seem to scare our applicants or employees away. For what it's worth, here's our policy:

All employment at The Company is “at-will” and may be terminated by the employee or The Company at any time, with or without cause, with or without notice. The Employment Policy and Guide Book is not intended to and does not create an employment contract between The Company and its employees.

Important: Your employment is for no specific period of time and this Employment Policy and Guide Book does not limit your right or The Company's right to terminate your employment at any time.