At Will Policy and Agreement
What is this form?
The At Will Policy and Agreement is a legal document that outlines the at-will employment relationship between an employee and the company. This form clarifies that either party can terminate the employment at any time, for any reason, or without any reason. Unlike other employment contracts that may require a specific cause for termination, this agreement specifically states that there is no guaranteed continued employment and that any commitment to this effect must be in writing by an authorized company representative.
Main sections of this form
- Statement affirming the at-will employment status
- Clarification that termination can occur without notice or cause
- Explanation that employment documents do not guarantee job security
- Requirement for written promises regarding employment status
- Employee acknowledgment and signature section
Common use cases
This form should be used when hiring new employees to clearly communicate the at-will nature of their employment. It is essential in establishing mutual understanding that the employee can leave or be terminated without specific cause or notice. Use it when updating employees about their employment status or when there have been changes to company policy regarding job security.
Who can use this document
- Employers seeking to formalize at-will employment relationships
- Human resources professionals drafting employment agreements
- Companies wanting to ensure compliance with employment laws
- New employees who need clarification about their employment terms
How to prepare this document
- Read the entire document carefully to understand its contents.
- Complete the employee's printed name where indicated.
- Enter the date of acknowledgment.
- Sign the document in the designated space for the employee signature.
- Keep a copy for both the employee and company records.
Notarization guidance
This form does not typically require notarization unless specified by local law. However, it is recommended to check specific regulations in your state to ensure compliance.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to have the employee sign and date the form.
- Not providing a copy of the signed form to the employee.
- Assuming verbal agreements override this written agreement.
- Neglecting to ensure the form is completed in the correct format for the state.
Benefits of completing this form online
- Easy to download and fill out at your convenience.
- Access to templates drafted by licensed attorneys ensures legal compliance.
- Editable format allows customization to suit your needs.
- Secure storage options to keep important documents organized.
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FAQ
Contract employment is the opposite of at-will employment. Contracts outline the terms of employment, including the employee's duties, work hours, length of employment, salary and benefits.
Additionally, as an at-will employee, without any contractual obligation to continue work, you may quit your job for any reason at any time. You cannot be forced to work for an employer and you don't have to give your employer a reason for quitting.
Theoretically, you don't have to sign an at-will agreementbut most courts have held that your employer can fire (or refuse to hire) you for failing to do so. And, even if you don't sign the agreement, the default rule is that employees work at will.
In California, employment is considered at-will, meaning the employer or employee can end the employment relationship at any time, with or without notice, and for no reason or any reason, so long as the employer's reason is not unlawful.
California is an at-will employment state. At-will employment means that an employer can fire an employee for any reason or at any time. They do not need to have a reason or justification for terminating an at-will employee.
In U.S. labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's race, religion or sexuality).
The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. The at-will presumption is strong, however, and it can be difficult for an employee to prove that his circumstances fall within one of the exceptions.
Under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State.The public-policy exception is the most widely accepted ex- ception, recognized in 43 of the 50 States.
Yes, it is possible for an employer to wrongfully terminate an at-will employee. While employers in the state can use almost any reason to terminate an employee, California has created a list of reasons that are off-limits for employers, even with the state's at-will employment laws.
