At Will Policy and Agreement
Overview of this form
The At Will Policy and Agreement is a vital document that establishes the nature of the employment relationship between an employee and the company. This form clearly communicates that the employment is "at-will," meaning either party can terminate the employment at any time and for any reason. This distinguishes it from other employment agreements that may imply job security or require cause for termination.
Key components of this form
- Statement of at-will employment status.
- Confirmation that employment can be terminated with or without notice or cause.
- Clarification that no guarantees of continued employment exist unless specified in writing.
- Employee acknowledgment of understanding the at-will nature of the agreement.
- Signature line for the employee's acknowledgment.
When this form is needed
This form should be utilized when hiring new employees to ensure they are aware of the at-will employment status. It is also important to use this form during any transition periods in employment to reaffirm the terms of the employment relationship, especially in states where implied contracts may arise from employee handbooks or company policies.
Who this form is for
- Employers in need of a clear employment agreement.
- Human resources personnel drafting company policies.
- Business owners hiring employees.
- Legal teams ensuring compliance with employment laws.
How to prepare this document
- Fill in the employee's name in the designated area.
- Have the employee read and understand the at-will statement.
- Provide a space for the employee to sign and print their name.
- Enter the date of acknowledgment.
Does this form need to be notarized?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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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
- Not clearly explaining the at-will employment status to employees.
- Failing to obtain the required signatures.
- Assuming verbal agreements override the written policy.
- Using outdated templates that may not comply with current laws.
Benefits of using this form online
- Quick and easy access to legal forms tailored by licensed attorneys.
- Editable templates to fit specific company needs.
- Cost-effective solution for obtaining legal documents.
- Safe and secure online storage for important employment records.
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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.
