At Will Employment Statement
scottorr
599 Posts
We are looking at adding an at will employment statement to our employee orientation checklist that employees signs. Currently we do not have a document with an at will employment statement that the employee signs. Does anyone have a short at will statement that they would be willing to share? I am looking for something that is a little less harsh than our current statement. "....is an at will employer, therefore, either party can end the employment relationship at any time".
Comments
Of course any agreement outlines that the company can terminate the agreement with or without cause at any time.
My $0.02 worth.
DJ The Balloonman
At-Will Employment
It is the policy of xyz company that all employees are employed at will of both the employee and the company. This means that you, the employee, may quit at any time, for any reason or no reason, with or without notice, and the company may terminate your employment at any time, for any reason or no reason, with or without notice. There is no promise by either you or the company that employment will be terminated only under particular circumstances or with particular notice.
This policy is not modified by any statements, expressed or implied, contained in this Handbook, the application, or any memoranda, policy, procedure, or other materials or statements provided to you in connection with employment. Any exception to this policy of employment at-will may only be made in writing signed by the Executive Director. This policy supercedes any and all written or oral or implied representations that are in any way inconsistent with it.
I acknowledge and agree that I have received a copy of the Employee Handbook from ______________________. I understand that this handbook is the property of the Company, and I will return the handbook (and any copies of it) to the Company upon the termination of my employment with the Company.
By signing below, I acknowledge my understanding that this handbook is an informational guide to assist me during my employment, and that the Company reserves the right to modify the policies, practices and procedures described in the handbook from time to time, and without notice to me. An up-to date version of the handbook will be kept on the Company intranet, and I understand that it is my obligation to stay current on these policies.
By signing below, I also acknowledge my understanding that nothing in this handbook is intended, nor should it be construed, to confer any right on any employee, or to impose any contractual or other obligation on the Company, and that nothing in this handbook, in whole or in part, should be construed in any fashion or manner to imply, directly or indirectly, that a contract for employment exists between me and the Company, nor does it create any fixed terms and conditions of my employment.
I also acknowledge and agree that this is an “at-will” Company, and that unless I have a separate written employment contract for a specified term signed by the Company’s CEO, my employment is not for any specific duration and it may be terminated by me or the Company at any time, with or without cause or reason and without prior notice.
We also have an at-will statement at the end of our employment application that reads:
If I amoffered employment at any time by ***** and chose to accept that offer, I understand and agree that any employment relationship I have with ***** is "at will". That means that either ***** or I can terminated that employment at any time, with or without cause and with or without notice regardless of the duration of my employment. I also understand that nothing I may receive while employed at ***** can cnage the "at will" relationship because only the President of **** is authorized to change this term of employment and that any change must be in writing.
Elizabeth
"Employment with our company is 'at will' in that is can be terminated with or without cause and with or without notice, at any time, at the option of either our company or yourself, except as otherwise provided by law."
Additionally, the term "at will" appears about in about 6 other locations in the manual. There is a separate statement much like Balloonman's saying that the manual is not a contract, nor is it implied to be a contract, it is strictly for informational purposes.
You have some good language suggestions, so let me make a different point. You are talking about adding it to your orientation checklist. I suggest this could be too little, too late. Too little in that for some companies this is not a critical threshold, and is a process conducted a little casually. Perhaps not in your company.
More important, it could be too late in that you already have an offer out and accepted, and perhaps a prior job relinquished . . . and now you appear to be unilaterally changing the terms of employment. It could have the appearance of bait and switch, particularly if a hiring manager has made comments that seem contrary to at-will. Further, what do you do if someone refuses to sign at this point (uncommon, but it does happen)? They are not 'yet' on notice of being at-will, much less have agreed that their employment is at-will. So do you fire them?
If they intend to be zealous about protecting their at-will status, I urge my clients to have such statements on the employment application, signed by the employee, and repeated in the offer letter (as well as, of course, in the handbook and other relevant documents like commission plans). FYI.
Regards,
Steve Mac
Steve McElfresh, PhD
Principal & Founder
HR Futures
408.605.1870