Employment "At Will"

Employment - Employment "At Will"

Hi friends. Now, I learned all about Employment - Employment "At Will". Which may be very helpful to me and you. Employment "At Will"

This term might surprise you when you begin to look at West Virginia employment law. It seemed a strange set of words to use, especially to someone who is seeing it for the first time.

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Employment

What does employment "at will" mean?

West Virginia, like the majority of other States in the Union, define that an worker is working "at will" when he or she is working without the advantage of a written contract.

A large number of these people could be working while the contract itself is written and signed by the acceptable enterprise representative. There are often instances when the worker is being reviewed to ensure they are able to achieve the work they were employed to do and they can also fit into the work environment.

There may be many people who have no anticipation of getting a written contract. For all these people an manager should have a clearly written "at will" statement which both the manager and worker can see their own responsibilities. The statement should be set out in clear English avoiding legalese or jargon.

In West Virginia, the "at will" worker may halt their employment at any time. This is not the case for the employer. The manager cannot halt the employee's work for an illegal reason. What is covered as an illegal reason? The worker cannot be ended in such a way that would mean they were facing discrimination for age, sex, race, religion or being pregnant. The worker may not be ended if they have spoken to authorities about health and security lapses within the enterprise or any other actions whereby they may be termed a "whistleblower".

Here are some hints about the "at will" statement.

There should all the time be a clear message that no enterprise representative can convert the "at will" statement by verbal or written promises. Work rules and disciplinary procedures should be reiterated in this document. There is no advantage in referencing other documents which are not being passed to the new employee. A copy of the "at will" statement should be provided to the prospective worker with the offer of employment or application form. If the situation of being "at will" is aimed to be for a set probationary duration you should ensure it is stated in the offer of employment.

In summary, be very clear what you expect from an "at will" employee. If there is a anticipation of terminating their employment as they do not work to the enterprise guidelines or do not fit into the work environment, you should give them sufficient warning before you terminate, allowing them time to convert their behaviour. Also, you should all the time take legal advice before the termination, as it is advantageous for you to supervene policy correctly, as this will save you both time and money.

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