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At-Will Employment

An At-Will Employment policy explains that employment is at-will (meaning either the employee or your organization may end the employment relationship at any time, with or without cause or notice, unless a written contract, collective bargaining agreement, or applicable law provides otherwise) and clarifies that only an authorized written agreement can change at-will status.

How to Write an At-Will Employment Policy

  • Start with "why" and introduce the concept of at-will employment.
  • Define at-will employment as allowing either side to end employment at any time, with or without cause or notice.
  • State the scope of who the at-will relationship covers, and note that a written contract or collective bargaining agreement can change it.
  • Clarify that at-will status includes your organization's ability to change roles, titles, duties, or job descriptions.
  • Limit who can change at-will status, and require a written, signed agreement for any modification.
  • Add an optional, non-binding request for advance notice when an employee resigns.

 

For advice on writing an At-Will Employment policy in a specific jurisdiction, see below.

How to Write an At-Will Employment Policy for a Specific Jurisdiction

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.