AT WILL EMPLOYMENT vs CONTRACTING WITH EMPLOYEES

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 22, 2007

Comments

I just reread your question, and want to make sure i respond more fully.

We've talked about unemployment compensation. However, your question was also about having written contracts with your employees. The employees voluntarily terminate their contracts each spring, correct?

You are wondering "what if" the employees decided not to voluntarily terminate. What would you do?

Good question.

In AT WILL states, all you theoretically need to say to your employee is: "It's just not working out." You can fire at will and the employee can resign at will.

This is akin to letting an employee go during her/his probation period. You don't have to invoke the steps of progressive discipline. Of course, you can not fire the person for discriminatory reasons at any time.

IF YOU CONTRACT with your employees, you may be guaranteeing them employment for the time of the contract. This makes it harder to terminate them. You will have to take a number of steps and document each one.

You might want to consider putting aside your practice of having written contracts. Instead, in your employee handbook, prominently display the disclaimer: "Nothing in this handbook constitutes a contract for employment."

Make sense?