Essential At Will Employment Contract Template for Your Business Needs

Employers should use an at will employment contract template to have a hassle-free employment relationship. This document protects both the employer and the employee from violating state and federal employment laws.

What is an at will employment contract?

An at will employment contract is a mutual agreement between the employer and the employee that allows them to end employment for any reason without any notice. You can’t terminate the at-will employment due to disability, sexual or racial discrimination, or violation of public policy.

The exceptions of at-will employment:

When terminating the at-will employment, you should consider the following exceptions;

Federal exceptions

As per the Federal law, at-will employment can’t be ended due to the following reasons;

• Discrimination: You can’t end the at-will employment on the basis of race, gender, religion, age, or national origin.
• Alien status: You can’t fire the employee on the basis of their immigration status.
• OSHA requirements: workplace or other hazards that are reported to OSHA.
• Polygraph testing: Employees can’t be allowed to take part in a polygraph test.

State exceptions

The most common types of state exceptions are as follows;

• Implied contract exception: The employer isn’t allowed to terminate the employee if there is an implied contract between the employer and employee even if there is no written agreement.
• Good faith exception: The employer can’t fire or demote an employee if a termination is a result of the employer’s malintent or bad faith. The former employee may have grounds for a wrong termination suit in case an employer terminates an employee in an act of bad faith.
• Public policy exception: You can’t terminate an employee if firing involves an employee’s compliance with state policy. For instance, if the employee doesn’t want to engage in illegal activity at the employer’s request.

What to include in an at will employment contract?

Include the following terms in an at-will employment contract;

• Name of the employer
• Details of the employee including their name, address, I.D number, and contact details
• Date of employment
• Duration of employment
• Work scope
• Compensation and perks
• Notice of termination
• Potential modifications
• Performance specifications
• Confidentiality or non-disclosure

Writing an at will employment contract:

Consider the following steps to write the agreement;

• First, download an employment contract template online.
• In an initial statement, introduce the employee and the employer.
• Next, specify the employment terms.
• Add extra factors that are applied to the at-will agreement.
• Describe how to handle the intellectual property.
• Include the main rules that govern the working arrangement.
• Leave space for the signatures of the employee and the employer.

FAQ’s:

What is at will employment?

At-will employee is a working arrangement that allows the employer and the employee to end the employment without notice or obligation. It protects both parties from costly lawsuits.

Is it necessary to investigate an at will employee?

Before terminating at-will employment, it isn’t necessary to terminate an employee as they are allowed to quit at any time for any reason.

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