意思是什么意思?

图像显示了两个人在办公室里,一个留下了一个装满物资的盒子,另一个拿着一张纸。文字阅读:“Exceptions to at-will employment: Employment contracts, implied contracts, good faith and fair dealing, public policy

Miguel Co /余额

What is employment at will? Employment at will means an employee can be terminated at any time without any reason, explanation, or warning.It also means an employee can quit at any time for any reason—or no reason at all.

What is Employment At-Will?

At-will employment means employers can terminate employees for no reason. Likewise, employees can leave a job without a reason.随着时间的推移,越来越流行的就业就越来越受欢迎。

这种工作涉及雇主和雇员的灵活性。

Employers, for example, can change the terms of employment—such as wages, benefit plans, or paid time off—without notice or consequence.

员工可以换工作,恕不另行通知。虽然最好提供two weeks’ notice, regardless of legal requirements, to protect your reputation with future employers.

愿意就业的例外

Some situations might require either an employer or an employee to follow stricter guidelines than what is typical for at-will employment. The following are examples of such例外:

Employment Contracts:由集体谈判协议涵盖的雇员或有就业合同可能没有典型的雇员的权利。

Implied Contracts:Employers are prohibited from firing an employee when an implied contract is created between them, regardless of whether or not a legal document exists.可能很难证明这种协议的有效性,并且负担在于雇员。您的雇主的政策簿或新租用手册可能表明雇员不愿意,只能出于正当理由而被解雇。

真诚和公平交易:另一个例外被称为诚信和公平交易的隐含盟约。在这种情况下,雇主不能解雇一个人以避免其职责,例如支付医疗保健,退休或基于佣金的工作。

Public Policy:Employers are not able to fire an employee if the action violates their state’s public policy exception.在这种情况下,如果雇员离开公众的理由,则禁止雇主向雇员解雇或寻求损害赔偿。在美国,仅八个州不承认公共政策as an exception to this rule. These states are Alabama, Florida, Georgia, Louisiana, Maine, Nebraska, New York, and Rhode Island.

Employment at Will and Employee Rights

While at-will employment provides fewer worker protections than alternatives such as employment under a union集体谈判agreement,employees do have rights after a termination. These include statutory rights under federal and state law, such as unemployment insurance andanti-discrimination laws.

联邦和州政府制定了保护意愿雇员免受不法解雇的法律。原因可能包括种族,宗教,公民身份,进行法律保护行动的报复,举报,残疾,性别,年龄,身体健康,性取向以及受劳动法保护的其他因素。

此外,公司政策可以提供诸如遣散费适用于在某些条件下终止的员工。

Documentation of Company Policy

Most employers state clearly in their employee handbooks that employees are at will. While this is not explicitly necessary, it can help prevent disputes from arising later on. Other employers may have new employees sign a document acknowledging that they are at-will employees and they agree to all conditions that come with that status.

Legal help site Nolo.com suggests the only time this really can be an issue is if an employee accepted a position based on a verbal agreement that conflicts with an at-will employment agreement they later are asked to sign.In that event, it is recommended that the employee consult with an attorney before signing such a document.

Does Employment at Will Mean That You’ll Be Fired Without Warning?

In short: not necessarily. But it’s best to conduct yourself as if you might be terminated without warning. Have your再保险sume,再保险ferences, etc. prepared and ready to go, so that you can begin looking for another job immediately if you need to do so.

That said, employers have a brand just like any company, and most prefer to avoid gaining a reputation for impulsiveness or cruelty. So, barring situations in which they feel you’ve given themgood cause, many will prefer to soften your transition.

那可能意味着giving you a warning以终止之前将您置于绩效改进计划的形式,或为您提供severanceafter a separation, or simply not contesting your claim tounemployment benefits.

底线

仅仅因为雇主可以做某事,并不意味着他们会做。为最糟糕的情况做准备,但不要痴迷于此。在当今的就业市场中,无论如何都准备在短时间内进行更改。毕竟,您永远不知道何时会出现更好的机会,您会决定利用自己的就业机会并找到更好的工作。

The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law.