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Isn't that what at-will employment is? From my last employer's handbook: Employment at the Company is at will. The policy of at-will employment means that empl
by JBlue42 9y ago
Isn't that what at-will employment is? From my last employer's handbook:
Employment at the Company is at will. The policy of at-will employment means that employment with the Company, is voluntarily entered into, and you are free to resign at will at any time, with or without notice or cause.
The policy also means that the Company may terminate your employment at will at any time, with or without notice or cause.
This right to terminate employment with or without notice or cause also applies, of course, to decisions regarding other terms of employment, including but not limited to demotion, promotion, transfer, compensation, benefits, duties, and location of work. No representative of the Company, other than one of the Principals, has the authority to enter into any agreement for employment for a specified duration or to make any agreement contrary to foregoing. Any such agreement must be by individual agreement, in writing and signed by you and one of the Principals. Accordingly, neither this manual nor any policy contained in this manual is intended to imply continued employment or otherwise limit in any way the policy of at-will employment. Nor does this manual, in describing Company policies or procedures, commit the Company, to follow any particular procedure in the course of imposing discipline, changing the terms or conditions of employment, or terminating
- balls187 9y ago> Isn't that what at-will employment is? Yes, at anytime, and with our without reason. However, doing so can open you up to a lawsuit for wrongful termination. You can't be fired because of sex (including orientation and pregnancy), race, religion, disability, age, or nation of origin. Retaliation, refusal to commit a crime, and failure to follow your companies own termination process, are also grounds for wrongful termination claims. Typically, HR departments have a firing manager start building a paper trail of evidence, usually by way of a PiP.
- JBlue42 9y agoRegardless, the company still wields all the power. Whereas, if you're hoping to leave on good terms, employees are still expected to put in two weeks (or at least one week's) notice they can still let you go that day. Also, I know further in this handbook I have, that they describe that there are procedures for "building the case" as you say but then in the same paragraph it basically says: "We don't actually have to do this". Not to mention the whole back half of the packet deals with arbitration, which is how I assume this would be dealt w/ in court. A fired employee doesn't have the time and probably access to the lawyers to even get this started not to mention have a hope of winning. Hell, at this company, I came in on time, fixed three issues within my first hour, then was laid off due to "cultural fit" despite two year's of stellar performance reviews and no formal reprimands or complaints to HR.
- balls187 9y agoAFAIK, no one can take away your legal right to bring about a suit. If your company has an arbitration clause, it's usually as part of an employee agreement that specifies in-lieu of suing them, you agree to an arbitration instead. I've turned down a job because I refused to give up my right to sue. As to your case, just sue them and claim cultural fit was used to discriminate against you because of your race/gender/age.
- JBlue42 9y agoIt's not a big deal. From all I've heard from sources, they've been suffering in my absence. Also, as a straight, white male in his 30s, I can't really be discriminated against on the grounds you state. Not to mention, I'm paying 3/4 of my unemployment to rent so don't really have the room to pay hundreds of bucks to even get in a room with a lawyer. I recall reading over the handbook but probably not that arbitration part. That was a surprise when going back to it today. It's also something I had no idea about until the past year or so with all these stories coming out about it.