Posted on Thu, Feb 11, 2010 @ 09:07 AM
In our last blog posting we discussed just what exactly employment at will means to your company. Now that you are aware of the terms of at will employment, we will discuss why businesses have it and follow it, and how to manage the terms and provisions of at will employment in your organization.
So Why Have At Will Employment at All?
Although exceptions to the rules of Employment At Will exist, it is nonetheless a very important part of the American employee-employer relationship. It provides a certain amount of structure or an organization, which makes it clear that there is no master/servant relationship and the days of indentured servitude are long behind us. It creates a respect for the freedom of the worker and the power of the employer and the balance that must be maintained so that each can be of service and mutual benefit to the other.
The balance is the key.
"Of all the things I've done, the most vital is coordinating those who work with me and aiming their efforts at a certain goal." - Walt Disney
Employers must always respect this power from the aspect of employee morale: If you as an employer are perceived as taking for granted and treating your employees as disposable assets at the will of your whims, your employees will turn on you. And when they turn on you, they may very well turn to unions, government agencies, or litigation attorneys for protection of their rights.
A successful organization should see its employees as a vital asset and treat them as such. It should not operate with an employer vs. employee mindset. If this is the case, people will only work hard enough not to get fired, and I don't have to tell you that's not very good for productivity.
"Most people work just hard enough not to get fired and get paid just enough money not to quit." - George Carlin
Employees must always respect this freedom from the aspect of job security: If you as an employee are perceived as taking for granted the benefits and stability provided to you and treat your employer as a machine held in bondage by its need for your skills and assets regardless of your behavior, your employer will turn on you. And when it turns on you, it will turn you out, and turn to the next person in line who needs a job.
What have we learned from all of this? Well, if you take nothing else away from this blog series, take at least this point. Even though Employment At Will does exist and you can technically terminate "at will", it is in the best interest of employers and employees to operate under an agreement of good faith and fair dealing. If you can't imagine yourself sitting in front of jury using "at will" as a defense, you had better have good cause for termination of the relationship. That one tip could save you a lot of hassle and a lot of money.
Now what? Well we suggest you review the previous two articles to be sure you're up to speed. Then if you have other questions, we suggest that you Contact Us.
Employment At Will Part 1
Employment At Will Part 2
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Posted on Tue, Feb 02, 2010 @ 12:08 PM
February 2010
Today begins an educational and exciting three part blog series that will cover at will employment at will. This three part series will serve to education your organization on the ups and downs of employment at will, and will also make several recommendations as to how you can protect yourself from potential bad situations if the provisions of employment at will are not followed properly.
This is a series you don't want to miss so make sure to subscribe to our blog to the left for email delivery, or add us to your favorite RSS reader with the buttons to the left. Here is the IntegrityHR Blog RSS link.
While employee-employer relationships are considered to be "at will" throughout the United States, with the exception of Montana, the concept of employment at will remains one of the most misunderstood terms in employment law today.
I recently had a conversation with an employer who wished to terminate one of their employees who had a long history of poor performance and problematic behavior. However the problem in this particular case (as is the problem in many cases) is that nothing had been documented and she had never been formally addressed about the issues. In fact, her performance reviews ranged from fair to good.
As we discussed how to move forward with this employee in the absence of any and all documentation to substantiate her termination, the manager asked "Can't we just fire her? Our handbook says we operate under employment at will. Let's just fire her and not get into the details." Technically, yes, this is true. However, employment at will rarely makes a good termination defense.
While it's simple in theory, it's just not that simple in practice. Precaution must still prevail. Many managers feel that since their employees are under at will employment they may fire them whenever they feel like it. There is more to it than that, and this misunderstanding is where many employers get in trouble.
The next post in the series comes out in just a few days and will discuss the legal caveats and exceptions to employment at will. Until then, if you are struggling with a difficult employee termination or even if you think you might be, don't hesitate to contact IntegrityHR. We'll keep you out of the courtroom!
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Help Integrity HR Spread the Word!
Use our blog as a resource - http://integrityhr.com/blog
Stay on top of of your organization by subscribing to our blog via email or RSS to the left. If you would like to Contact Us about any of the concepts in the above blog posting please call 502.753.0970.
Before You Go, Leave Your Feedback and Comments Below!