At Will Policy and Agreement
Overview of this form
The At Will Policy and Agreement is a legal document that clarifies the terms of employment between an employee and an employer. It establishes that the employment relationship is "at will," meaning either party can terminate it at any time without cause or notice. This form is essential for ensuring both parties understand that no guarantees of continued employment or benefits are implied beyond what's documented in writing by authorized individuals. Unlike other employment agreements that may outline specific terms of termination or duties, this policy underscores the flexibility and mutual rights of the employee and employer within an at-will framework.
Main sections of this form
- Statement of at-will employment status
- Clarification that employment can be terminated with or without cause
- Employee acknowledgment of understanding the at-will nature
- Signature line for the employee
- Date of acknowledgment
When to use this form
This form should be used when a company needs to establish or reaffirm an at-will employment relationship. It's particularly useful during onboarding sessions for new employees or when updating longstanding staff on company policies. Additionally, it can be used when modifying existing agreements to clarify the company's commitment to at-will employment practices.
Who can use this document
- Employers looking to inform employees about at-will employment status
- Human resources professionals managing employee documentation
- Business owners needing to clarify employment terms with staff
- Employees who want to understand their rights regarding employment termination
Completing this form step by step
- Read the at-will employment statement carefully to understand its implications.
- Sign the document to acknowledge your understanding of the at-will nature of your employment.
- Print your name clearly where indicated.
- Enter the date of signing to provide a formal record.
Does this form need to be notarized?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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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.
Typical mistakes to avoid
- Failing to read the at-will statement thoroughly before signing.
- Overlooking the need to have an authorized agent sign any additional agreements that may contradict at-will employment terms.
- Not keeping a copy of the signed form for personal records.
Why complete this form online
- Convenient access that allows you to download and complete the form at your own pace.
- Editability ensures that updates can be made easily as employment policies change.
- Reliability of templates drafted by licensed attorneys ensures legal accuracy.
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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.
