U.S. employment laws cover a variety of contract types, from freelance to full-time. One such type, at-will employment, refers to a flexible form of engagement in which a person can be terminated at any time without reason, explanation, or notice. As an at-will employee, you should know your rights so your employer won’t be able to take advantage of you. This FAQ reveals how you’re protected.

At-Will Employment FAQ: What Workers Need to Know

What Are the Benefits and Drawbacks of At-Will Employment?

The major asset of at-will employment is flexibility: since these contracts don’t require a long-term commitment, you can quit at any time. This also poses a risk, however, as you can find yourself out of a job with no warning.

Can You Get Fired for Any Reason?

No, certain legal protections still apply to these contracts. For instance, you can’t be fired based on discrimination against your religion, race, ethnic background, or other protected category. Additionally, if you’re covered under a collective bargaining agreement, you can’t be let go without cause.

What Should an At-Will Employment Contract Include? 

This paperwork should outline the basic duties of the job, start date, salary, benefits, and termination details. Other elements that can be included range from confidentiality clauses to non-compete understandings and arbitration agreements, which specify that any issue between employer and employee shall be resolved by arbitration or mediation, not the courts.

What Rights Do At-Will Employees Have?

Employment laws still offer many protections to at-will workers. The concept of implied contracts, for example, addresses possible oral assurances from your boss that you can’t be fired without good cause. There are also good faith and fair dealing rules, which prevent your employer from firing you just to avoid duties like paying for healthcare or commission-based work.

What Should I Do if I Think I Was Wrongfully Terminated?

Maybe you suspect your boss fired you for discriminatory reasons, or perhaps you were let go in September even after being told verbally that you were guaranteed employment until the year’s end. If you think you’ve been wrongfully fired, see an employment law attorney. Bring copies of all contracts, company policies, and any evidence you have, such as email communication with your employer, for them to review. They’ll work with you to find out if you have a case. 

For legal advice regarding employment law issues in the Middletown, NY, area, trust MacVean, Lewis, Sherwin & McDermott, P.C. These professionals have been protecting the rights of workers in the Hudson Valley for over 130 years. Expect individualized attention, careful consideration, and proactive representation of your case from these skilled attorneys. For a free consultation, call (845) 343-3000. Browse their full list of practice areas online.