EMPLOYMENT CONTRACTS

The Basics

Employment “At Will” Is the Default Absent Agreement to the Contrary

  • Employee can be dismissed for good reason, bad reason or no reason without warning or due processExcept an illegal reason which can include discrimination, retaliation or in violation of public policy
  • Employee can leave employment at any time
  • No “term”

The Exceptions

Illegal Reasons

  • Violation of Public Policy: Retaliation for performing an action which public policy encourages or refusing to perform an act which public policy discourages
  • Violation of Statutes: State and federal anti-discrimination and whistleblower laws

    • Age
    • Gender
    • Religion
    • Disability
    • Race
    • Sexual Orientation or Expression

Exceptions to At Will

Employer and Employee May Contract or Agree to Take the Employment Relationship Out of “At Will”

  • Collective Bargaining Agreements
  • Employment Contracts
  • Appointment Letters
  • Implied Contracts

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