Employment At Will Continued
Most employees are aware that employers hire on an at-will basis. This allows companies to fire or layoff without contractual obligation. But this does not preclude employees from seeking remedy for unlawful termination decisions.
Job seekers often wonder whether there is some way to circumvent the doctrine in the hiring process. Generally they cannot, unless they have significant leverage in negotiating the terms of their job offers -- as is sometimes the case with executive and professional employees. For better or worse, the terms of employment are for the most part determined by market conditions.
Simply stated, at-will employment means that employers do not owe contractual obligations to their employees unless they create an express or implied contract with their employees (by writing, practice or conduct), or the employee reasonably relies on written or oral promises made by the employer.
An Employer's employment decisions may be based on economic considerations, employee performance or the employer's other lawful preferences. But regardless of the doctrine of employment at will, employees have remedies available to them for unlawful employment decisions.
Unfair or stupid decisions are not necessarily unlawful. However, an employee who has suffered an adverse employment decision, such as demotion or termination, that does not make sense, seems unfair, or does not seem consistent with good business judgment, the employer's policies or business interests should seek the advice of an employment lawyer.
While the at-will employment doctrine favors employers, harmful employment decisions that do not make sense are much likely to give rise to one of the many exceptions to the doctrine of employment at will, which company attorneys often claim to have "swallowed the rule."
In an ideal marketplace, employees would have significantly more negotiating power to determine the terms of their employment. But with the decline in unions and collective bargaining most employees are hostage to survival.
Nonetheless, employees should be cognizant that whether an employer owes a contractual obligation depends on the particular facts surrounding the employment relationship, and the understanding of the employer and employee.
Click To Return To Ohio's Employment Attorney.
Most employees are aware that employers hire on an at-will basis. This allows companies to fire or layoff without contractual obligation. But this does not preclude employees from seeking remedy for unlawful termination decisions.
Job seekers often wonder whether there is some way to circumvent the doctrine in the hiring process. Generally they cannot, unless they have significant leverage in negotiating the terms of their job offers -- as is sometimes the case with executive and professional employees. For better or worse, the terms of employment are for the most part determined by market conditions.
Simply stated, at-will employment means that employers do not owe contractual obligations to their employees unless they create an express or implied contract with their employees (by writing, practice or conduct), or the employee reasonably relies on written or oral promises made by the employer.
An Employer's employment decisions may be based on economic considerations, employee performance or the employer's other lawful preferences. But regardless of the doctrine of employment at will, employees have remedies available to them for unlawful employment decisions.
Unfair or stupid decisions are not necessarily unlawful. However, an employee who has suffered an adverse employment decision, such as demotion or termination, that does not make sense, seems unfair, or does not seem consistent with good business judgment, the employer's policies or business interests should seek the advice of an employment lawyer.
While the at-will employment doctrine favors employers, harmful employment decisions that do not make sense are much likely to give rise to one of the many exceptions to the doctrine of employment at will, which company attorneys often claim to have "swallowed the rule."
In an ideal marketplace, employees would have significantly more negotiating power to determine the terms of their employment. But with the decline in unions and collective bargaining most employees are hostage to survival.
Nonetheless, employees should be cognizant that whether an employer owes a contractual obligation depends on the particular facts surrounding the employment relationship, and the understanding of the employer and employee.
Click To Return To Ohio's Employment Attorney.
