At-will employment shows a default employment relationship between employers and employees. This means both the employee and the employer can terminate or cancel the employment at any period of time, with or without cause or notice. But, do you know that a person can create an employment at-will policy in an employee manual if he’s in that state of employment? In this article, we will discuss helpful guides in creating an employment at-will policy. We also provide our unique downloadable templates for you to get started. Scroll until the end of the article!

FREE 6+ Employment At-Will Policy Samples

1. Employment At-Will Policy Template

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2. Restrictive Covenants for Employment Agreement

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3. Free Overseas Employment Policy Template

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4. Employee Cellphone Policy Template

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5. Acknowledgment of At-Will Employment

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6. Employment-at-will Doctrine

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7. At-Will Employment Policy

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What is an Employment At-Will Policy?

Employment-at-will status is employment that does not provide an employee with job security, since the person can be fired on time’s notice with or without cause. This type of relationship is made when an employee complies to the agreement to work for an employer for an unspecified period of time. While an employer can terminate a worker at any time for any legitimate reason or for no reason at all.

The book “101 Sample Write-Ups for Documenting Employee Performance Problems” explains that employment at-will is commonly found at only three critical junctures in the employer-employee relationship: the employment application, the offer letter, and the employee handbook. The use of an employment-at-will policy serves to protect the rights of both employer and employee despite being in this work relationship.

How to Create an Employment At-Will Policy 

By making the at-will nature of employment known expressly through a written policy, you should be better able to successfully argue that an employee did not have a reasonable expectation that discharge could be only for cause.

So, here are some important guides and tips that we recommend you to follow:

1. Identify the main purpose and intention of the policy

Think carefully and identify your main goal, purpose, and intention in creating a policy. They should align according to your state’s public policy. Setting up the purpose of your policy is an important step to acquire necessary protection regarding your rights.

2. Arrange your writings on similar topics

Make sure that you write all of your writings in a logical and organized way. So, examine the points you’ve written down and see if the structure and layout is clear and easy to understand.

3. Gather relevant data and input from key stakeholders

To be able to collect relevant data, you need to use various tools for gathering data such as conference call interviews, small group facilitated workshops, actual one-on-one interviews, focus groups, and online surveys.

4. Research again

Conduct a comprehensive research and obtain essential information which include the status of the law. Then, you need to determine the current trends concerning this kind of employment.

FAQ

What rights do I have as an at will employee?

As an at-will employee, your employer may dismiss you without reason at any time, as long as that reason isn’t illegal under state or federal law. While, you also have your right to leave an organization at any time.

What are some examples of a policy?

Some examples of a policy are government policies that may affect spending for welfare, highways, public education, and public safety, or a well-established organization’s benefits plan.

Can I quit my job due to stress?

It may be time to consider quitting or perhaps even asking for fewer responsibilities if your job is inducing too much stress that begins to affect your health. Take a simple break from work to reduce stress and anxiety.

Can I sue my employer for stress and anxiety?

Yes.  If you experience stress and anxiety that is beyond the usual amount for your job, you can file an employment lawsuit. 

An employment at-will has advantages for both the employer and employees such as a faster and easier termination process, eliminates the need for contract negotiations, and increased focus on employee merit. But it also has some downsides as well such as  sudden quitting of employees, staffing shortages, difficulty in searching for talented and skilled individuals for the company. We hope that this article helps you create an effective employment at-will policy that will surely benefit your business. Download our templates right now!

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