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at will employment

At-Will Employment: What Does it Mean?

March 9, 2023

At-will employment means that the employer or employee can end the employment relationship for almost any reason (with or without cause) at any time (with or without notice).

at-will employment

It does not, however, allow you to terminate someone for an illegal reason, like their inclusion in a protected class or their exercise of a legal right.

Every state (except Montana) assumes the employment relationship is at-will unless there is a legal agreement in place that says otherwise. Assuming you want to maintain the at-will relationship with employees, we recommend including clear language about this in your employee handbook. But keep in mind that even with an at-will relationship, terminations carry risk. A terminated employee can always claim that they were terminated for an illegal reason, at which point you’ll want to be able to show otherwise. To reduce that risk and nip any potential claims in the bud, you should have and document a lawful, business-related reason for each termination.

This Q&A does not constitute legal advice and does not address state or local law. Source: HR Support Center

If you would like more information on employment termination and at-will employment, please contact PBS PEO Human Resources at 205.825.8939 or HR@pbspay.com.

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