at will-other states

deniseE

Our main operations are located in PA....but we have offices in others areas....is it possible/appropriate to use the "at will" laws of PA in our other locations? Or must we use the laws of the states in which we have offices, even when they may be contrary to our HQ policies??

Thank you!

Geno

I think that you will find that for issues such as at-will employment, the laws in the state in which the employee resides and works will trump the laws in the state in which the company is headquartered.

Geno, SPHR

LarryC

I think Montana is the only state that isn't an "at-will" state. Other than that, go with the advice given.

LivindonSouth

[font size="1" color="#FF0000"]LAST EDITED ON 09-22-05 AT 08:50AM (CST)[/font][br][br]If you have an employee domiciled in MD, working there, MD's laws apply, not PA's. But, even if you had a Pennsylvania resident commuting to a MD job, MD's laws would apply.

Regarding the at-will relationship, as weak as Gillian will tell you it is, I've always heard that there only one state that does not recognize it....somewhere like South Dakota or Nebraska I think. Headquarters has nothing to do with it.

TN HR

[font size="1" color="#FF0000"]LAST EDITED ON 09-22-05 AT 09:39AM (CST)[/font][br][br]If that were the case, every company in America would establish a business entity or physical business presence in the most lenient State and kibosh ee's left and right......WAIT! I'm sure it's been done in other things besides employment relationships.

HRCalico

It isn't us - I believe it is Montana as noted above.

Gillian3

As noted, all states except Montana are "at will". The issue is - what kind of laws have been passed in other states, which detract from "at will" and how state courts view those laws. Some are more employee oriented than others, probably a reflection of how employee oriented the state laws are. State laws cover the employees who work in each state, so you are stuck with whatever is the case in each state.

Crout

What "At-Will Law" in Pennsylvania are you referring to? To my knowledge, there is no such thing. I believe there is an at-will doctrine that has come down through various court rulings, but not an actual law. If I'm wrong, please forward the link in the PA Code cuz I'm gonna have to modify some training materials.

LivindonSouth

I'm sure if you search dilligently enough you will find wording codified regarding the at-will employment relationship. Please report back after you have spent at least 50 hours researching. Hint: Look in contracts first.

Crout

Yes, we have "at-will" language in our non-union policy handbook because the concept of "at-will" has been recognized from the state Supreme Court on down, but there is no actual "at-will" law on the books as other states have.

Parabeaglex2

Montana is the only state I am aware of that does not recognize 'at-will' employment. We have an operation in Montana and revised our handbooks to exclude 'at-will' language from those distributed to our employees in that state and we do not require them to sign an at-will acknowledgment. It runs counter to our operations in Oregon, Washington and Alabama, but I have also discovered over the last five years that, as a practical matter, it's not an issue. Montana's defintion of 'at-will' is very employer friendly. For example, they might complain if you terminated an employee because you didn't like the way he parted his hair, but they are not going to object to terminations based upon your other employment policies - attendance, performance, etc.

In other words, terminations for most common performance issues are essentially considered to be 'for cause' in Montana.

Cheryl S SPHR

Just an FYI -- SD is an at-will state, so it's not us that doesn't recognize it!

LivindonSouth

I think it's been clarified as Montana.