You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, are you looking for legal representation? Do you need an attorney with the skills and legal expertise that match your needs? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six.

We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether be it for small businesses or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

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In this regard, this blog is a discussion based on another short video titled “HR FAQs 2022, Do I Need An At-Will Employment language in my file?” As usual, we feel obligated to share information and knowledge that would definitely help you navigate legal issues, particularly as it concerns the labor and employment law. In fact, based on the numerous questions we receive concerning the law on labor and employment, this is one of the training videos in which Vinny commits himself to standardizing and synthesizing key information as part of sharing general knowledge with our unusually motivated® readers. Accordingly, as the video suggests, the video aims to answer the question of whether it is really necessary to have a clause for at-will employment.

That being said, let us boil down to it.

To start with, “at-will employment” is essentially a fancy legal term used in the context of employment and labor law. When it comes to this legal issue, it is crucial to understand that employment is generally considered at-will by both parties, which implies that the employer employs at will while the employee works for the employer at will as well. Thus, based on a number of factors and issues agreed upon during hiring, either party can “leave” whenever it wants and for whatever sensible reason.

With that in mind, does an employer need to have at-will employment language in file? One critical issue of concern and worry for the employer should be whether the employee handbook creates a contract of employment, which can be either an “implied contract” or an “express contract.” Usually, employers would want to have general information and principles concerning the terms of employment as opposed to giving specificity to each employee hired. In our blog titled “12 Canons of Corporate Conduct Made Easy for Employees: Part 1” and accessible at https://milettilaw.com/blog/f/12-canons-of-corporate-conduct-made-easy-for-employees-part-1, we mentioned that in most cases, an employee handbook acts as a rebuttable presumption through which companies may avoid some liability with their employees. This is because an employee handbook is perceived as a presumption serving to protect the employer. For instance, it creates a presumption in the courtroom that, in case an employee sues the employer for harassment, discrimination, or retaliation, the employer could confidently say that, based on the handbook, “we attest to a non-harassment, an anti-discrimination, and a non-retaliation policy.” Still, in another blog titled “Top 4 Must-Have Documents For A Successful Employee On Boarding” and accessible at https://milettilaw.com/blog/f/top-4-must-have-documents-for-a-successful-employee-on-boarding, we said that technically speaking, while it contains the corporate values, rules, codes of conduct and culture of the organization/company/business, the employee handbook creates a legal presumption for the employer that the working conditions in the working place reflect and align with what is stated therein.

Thus, an employee handbook does a lot in advancing the employer’s employment policy for the entire workforce and answers a dozen questions concerning what to do and what not to do as part of the employee’s responsibility. Unfortunately, by doing that, the handbook creates a contract, which may be viewed as the employer’s promises to the employee, as opposed to other imperative matters such as an employee 30-day PIP (performance improvement plan) disciplinary action.

Assuming that this is lined up in the employee handbook, an employee may theoretically argue that that is precisely what they agreed to when they got hired and signed the employment handbook. In order to counteract such an argument, the employer needs to include “at-will employment language” in the handbook. For instance, the employer can say that the handbook does not have any expression and does not create any express or implied contract since employment between so and so is considered and should be viewed as at-will at any point in the course of employment.

In short, the employer should make sure to include such an “at-will employment” clause in the employee handbook, whether as a paragraph or a disclaimer or as part of employee acknowledgment. Again, the clause should clearly specify that the handbook is not a contract whatsoever since employment is at-will and thus, other than for reasons codified under the law such as discrimination, the employer can terminate the employee whenever appropriate, while the employee may leave whenever they want depending on the terms of separation with the employer.

In case you need further clarification regarding this video, we are just a call away! Accordingly, please, feel free to view our video at https://www.youtube.com/watch?v=p4LK0Khzts0.

As we continue dropping knowledge bombs every day, stay tuned for more educative videos, inspiring training, & legal advice. As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.