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• What does "at will" mean?
• Are there ever any exceptions to being an employee at will?
• What is “promissory estoppel” as it relates to at-will employment?
• What is "public policy" as it relates to at-will employment?
• I was recently fired from my job. I have never received any warnings and I have good performance reviews. Was this a wrongful termination?
• Is my employer required to give me a reason why I was fired?
• What is “constructive discharge”?
• What kind of employment rights does a probationary employee have during his or her probationary period?
• Are employees entitled to representation at employer-initiated investigatory meetings?
• My employer has denied my unemployment benefits. Can he do that?
• How much in unemployment benefits am I eligible for?
• When must my employer give me my final paycheck?
• My employer says that he’s not going to release my final paycheck until I turn in my equipment. Can he do that?
• What can my former employer say when giving a reference?
• I think a former employer has blacklisted me. What can I do?
Q: What does "at will" mean?
A: An employee is employed at the will of the employer for as little or as long as the private employer wishes, and in whatever lawful capacity the employer requires. Likewise, the employee may choose to work at the employee's will for the length of time he or she desires.
An employer need not provide any reason for termination of an "at will" employee, so long as the termination isn’t unlawful or discriminatory (based on age, sex, national origin and disability). Termination can be due to a merger, workforce reduction, change in company direction and business focus, poor company performance or other reasons.
Return to index . . .
Q: Are there ever any exceptions to being an employee at will?
A: There are some exceptions to employment at will. These exceptions include such legal theories as implied contract, promissory estoppel, breach of covenant of good faith and fair dealing, and public policy.
Return to index . . .
Q: What is “promissory estoppel” as it relates to at-will employment?
A: One of the exceptions to at will employment is called “promissory estoppel.” To show promissory estoppel, an employee must show:
• The employer made a clear and unambiguous promise
• You relied on the promise
• Your reliance was reasonable and foreseeable and
• You were injured as a result
The promise of continued employment for an employee must also be for a specific period of time.
These are generalized statements concerning the promissory estoppel exception. Determining whether a particular situation fits the promissory estoppel mold can only be determined by reviewing the specifics of a situation with an employment attorney.
Return to index . . .
Q: What is public policy as it relates to at will employment?
A: Public policy is generally set by each state and relates to policy that is in the best interest of the general public to uphold. Under public policy theories, an employer can't fire an employee:
• Because he refuses to perform an act that state law prohibits
• For reporting a violation of the law
• For engaging in acts that public policy encourages (for example, not allowing leave for National Guard activities)
• For exercising a statutory right (as where an injured worker files a claim under the state worker's compensation law and the employer fires him)
Return to index . . .
Q: I was recently fired from my job. I have never received any warnings and I have good performance reviews. Was this a wrongful termination?
A: That depends entirely upon the reason you were fired. Employers aren’t legally required to give progressive discipline warnings.
The vast majority of employees in the United States are “at will” employees. Such employment may be terminated by either party, without notice, for any reason which isn’t illegal.
Return to index . . .
Q: Is my employer required to give me a reason why I was fired?
A: In some states, yes. Usually you have to provide a written request. In other states, no, employers are not so obligated.
You should view a termination where no reason is provided suspiciously, and consider consulting an attorney.
Return to index . . .
Q: What is “constructive discharge”?
A: If an employee feels that an employer has created intolerable working conditions and refuses to address the issues, resulting in the employee feeling forced to resign, the employee may be able to sue for constructive discharge and apply for unemployment benefits.
Return to index . . .
Q: What kind of employment rights does a probationary employee have during his or her probationary period?
A: Not many. The very term indicates that the employee must successfully pass the trial, or probationary, period of employment to earn the rights held by non-probationary employees.
Probationary employees can normally be discharged at any time within the probationary period with no right to appeal the termination. Normally there isn’t entitlement to continued employment, even in the civil service arena. So with no entitlement to continued employment, the probationary employee would have none of the due process rights given to permanent civil service employees with an entitlement to continued employment.
Return to index . . .
Q: Are employees entitled to representation at employer-initiated investigatory meetings?
A: Investigatory interviews can be perfectly legitimate and can include a wide variety of topics such as theft, accidents, damage to an employer's property, violation of safety rules, absenteeism, falsification of timecards and records, poor work performance, compliance/noncompliance with an employer's policies and procedures and so forth. You are correct, though, that sometimes they may be a prelude to disciplinary action and/or firing.
Do you have to go to the meeting? Yes. But if you reasonably believe that the meeting may result in discipline, you have the right to request the attendance of a representative.
The United States Supreme Court has held that an employee's request for representation during an investigatory interview in which the employee reasonably believes may result in discipline is considered a protected, concerted activity under Section 7 of the National Labor Relations Act. The right to representation, frequently referred to as “Weingarten rights,” covers all employees with a few exceptions. Representation can be either through a union representative (if applicable) or a coworker.
Return to index . . .
Q: My employer has denied my unemployment benefits. Can he do that?
A: Your employer doesn’t have the power to deny your unemployment benefits, only to protest them. The state unemployment office makes the final decision. You have the right of appeal. So does your employer. Generally, you are eligible for unemployment compensation if you were dismissed for any reason other than "for cause." If you leave voluntarily, you aren’t eligible unless you leave for "good cause," or what is commonly know as "constructive discharge."
Return to index . . .
Q: How much in unemployment benefits am I eligible for?
A: The compensation you may be eligible for is determined at the state level through a combination of your last 12 months pay and the average weekly wage earned by all workers statewide. Benefits generally last 26 weeks and are available if you’re actively looking for other employment.
Return to index . . .
Q: When must my employer give me my final paycheck?
A: That depends on your state’s law, and in some states whether your leaving is voluntary or involuntary. Generally, you must receive your check on your last day or on the next regular payday. Check with your state's Department of Labor for specific guidelines.
Return to index . . .
Q: My employer says that he’s not going to release my final paycheck until I turn in my equipment. Can he do that?
A: Technically, no. But he’s on stronger ground than he would be if you didn’t have the company’s equipment. Contact your state’s Department of Labor for specific information, and, likely, return the equipment.
Return to index . . .
Q: What can my former employer say when giving a reference?
A: Anything he wants, as long as it’s factually true or the legitimately-held opinion of the reviewer. He cannot say that you were fired for stealing if you quit. But he can say that he was not satisfied with your work, if indeed he wasn’t. The very large majority of employers don’t give more than titles, dates of employment and rate of pay, because it’s safer to say as little as possible.
Return to index . . .
Q: I think a former employer has blacklisted me. What can I do?
A: Blacklisting has come to mean that an individual's name is included on a list of "undesirable" employees. This list is then distributed to other potential employers possibly within a geographic area or within a specific industry. Inclusion on the list is typically due to actions they did or perhaps did not take while employed which the former employer found unacceptable. State laws prohibit blacklisting. It can be difficult to prove the willful or malicious intent on the part of the former employee necessary to establish blacklisting. If proven, punitive damages may be awarded.
Return to index . . .
NeelKeshaw Location: Pune
Notice Period for Termination of Employment
Hi friends
Can anynone help me get answers for the following
1. what is the minimum(legal) notice period for Termination/resignation of/from employment. I ask this because different companies have different notice periods
2. Can an employee be terminated/or can he resign without notice during probation
I represent an IT company with 26 employees
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
HI Neel,
Sorry for the late reply.
There is no such time period in particular. Generally, most of the companies ask the employees to provide the notice period of atleast 1 month an it varies from company to company depending on its policies.
If you terminate an employee with out any notice, you should pay a month's salary for the employee until and less you have a very strong reason for doing so. In most of the cases, companies asks the person to give resignation if they want to terminate the individual for any of the reasons.
I think you should include this in policies of your compny in order to avoid any problems in future, as you are heading your own firm.
Hope it will help, Good Luck.
Regards,
Kiran.
NeelKeshaw Location: Pune
Re: Notice Period for Termination of Employment
Hi Kiran
Thanks a lot for your reply, is the applicable for probationers also?
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
No, It is not applicable for the employees in probation period.
The reason being "PROBATION PERIOD", in the sense, the employee or candidate is under observation (generally probation period lasts for 6 months) and if you feel that this employee suits for the work you assigned him, you can continue or else you can terminate him. So, the above mentioned things would not apply for the employees under probation period.
Just for your knowledge, most of the companies employ "probation period" for back gorund verification of the candidate like his experience, all the doceumtns provided by him at the time of joining and stuff.
I hope this information will clear all your doubts. In case of any questions do not hesitate top reply back, Neel.
Regards,
Kiran.
NeelKeshaw Location: Pune
Notice Period for Termination of Employment
Hi Kiran ,that was great help ,I have another doubt ,hope you dont mind answering.
If an employee resigns say on 1st of Sep and serves a notice ( say 1 month), he works for us during that notice period. I think he has to be paid for that notice period during which he worked for us. Is it correct or we dont have to pay for the notice period.
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
HI Neel,
Yes, you do have to pay for his each and every day with your firm. My it be notice period or what ever it may be.
For your knowledge, Notice period is generally employed for the benefit of employer, in order for him to fill the leaving candidate's place in the notice perios. SO, you should pay the candidate until his last day with your company.
I hope this clears your doubt...
Regards,
Kiran.
NeelKeshaw Location: Pune
Re: Notice Period for Termination of Employment
Hi Kiran
Thanks for your help
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
Hey Neel,
Yes, you need to pay for the month he has worked under notice period. Hope this clarifies the confusion
Regards,
Kiran.
Hi,
Appriciate who ever response to this querry.
At the time of joining my company they took singature on stamp paper, with condition written “if i leave without notice i have to pay $$ amount to the company”. At the time of joining i didn't read it carefully and due to rush i signed the document.
I left the job during my probation (after 4 months) without giving notice and now my company has sent mail and the copy of that contract.
I would like to know in this regards do I have to obey to such contract. Or if I can simply ignore there mail.
FYI – The reason of leaving was family & I was not happy with my company. Hence left.
Thanks
Anand
From India, Bangalore
Email this article
Print this page
• What does "at will" mean?
• Are there ever any exceptions to being an employee at will?
• What is “promissory estoppel” as it relates to at-will employment?
• What is "public policy" as it relates to at-will employment?
• I was recently fired from my job. I have never received any warnings and I have good performance reviews. Was this a wrongful termination?
• Is my employer required to give me a reason why I was fired?
• What is “constructive discharge”?
• What kind of employment rights does a probationary employee have during his or her probationary period?
• Are employees entitled to representation at employer-initiated investigatory meetings?
• My employer has denied my unemployment benefits. Can he do that?
• How much in unemployment benefits am I eligible for?
• When must my employer give me my final paycheck?
• My employer says that he’s not going to release my final paycheck until I turn in my equipment. Can he do that?
• What can my former employer say when giving a reference?
• I think a former employer has blacklisted me. What can I do?
Q: What does "at will" mean?
A: An employee is employed at the will of the employer for as little or as long as the private employer wishes, and in whatever lawful capacity the employer requires. Likewise, the employee may choose to work at the employee's will for the length of time he or she desires.
An employer need not provide any reason for termination of an "at will" employee, so long as the termination isn’t unlawful or discriminatory (based on age, sex, national origin and disability). Termination can be due to a merger, workforce reduction, change in company direction and business focus, poor company performance or other reasons.
Return to index . . .
Q: Are there ever any exceptions to being an employee at will?
A: There are some exceptions to employment at will. These exceptions include such legal theories as implied contract, promissory estoppel, breach of covenant of good faith and fair dealing, and public policy.
Return to index . . .
Q: What is “promissory estoppel” as it relates to at-will employment?
A: One of the exceptions to at will employment is called “promissory estoppel.” To show promissory estoppel, an employee must show:
• The employer made a clear and unambiguous promise
• You relied on the promise
• Your reliance was reasonable and foreseeable and
• You were injured as a result
The promise of continued employment for an employee must also be for a specific period of time.
These are generalized statements concerning the promissory estoppel exception. Determining whether a particular situation fits the promissory estoppel mold can only be determined by reviewing the specifics of a situation with an employment attorney.
Return to index . . .
Q: What is public policy as it relates to at will employment?
A: Public policy is generally set by each state and relates to policy that is in the best interest of the general public to uphold. Under public policy theories, an employer can't fire an employee:
• Because he refuses to perform an act that state law prohibits
• For reporting a violation of the law
• For engaging in acts that public policy encourages (for example, not allowing leave for National Guard activities)
• For exercising a statutory right (as where an injured worker files a claim under the state worker's compensation law and the employer fires him)
Return to index . . .
Q: I was recently fired from my job. I have never received any warnings and I have good performance reviews. Was this a wrongful termination?
A: That depends entirely upon the reason you were fired. Employers aren’t legally required to give progressive discipline warnings.
The vast majority of employees in the United States are “at will” employees. Such employment may be terminated by either party, without notice, for any reason which isn’t illegal.
Return to index . . .
Q: Is my employer required to give me a reason why I was fired?
A: In some states, yes. Usually you have to provide a written request. In other states, no, employers are not so obligated.
You should view a termination where no reason is provided suspiciously, and consider consulting an attorney.
Return to index . . .
Q: What is “constructive discharge”?
A: If an employee feels that an employer has created intolerable working conditions and refuses to address the issues, resulting in the employee feeling forced to resign, the employee may be able to sue for constructive discharge and apply for unemployment benefits.
Return to index . . .
Q: What kind of employment rights does a probationary employee have during his or her probationary period?
A: Not many. The very term indicates that the employee must successfully pass the trial, or probationary, period of employment to earn the rights held by non-probationary employees.
Probationary employees can normally be discharged at any time within the probationary period with no right to appeal the termination. Normally there isn’t entitlement to continued employment, even in the civil service arena. So with no entitlement to continued employment, the probationary employee would have none of the due process rights given to permanent civil service employees with an entitlement to continued employment.
Return to index . . .
Q: Are employees entitled to representation at employer-initiated investigatory meetings?
A: Investigatory interviews can be perfectly legitimate and can include a wide variety of topics such as theft, accidents, damage to an employer's property, violation of safety rules, absenteeism, falsification of timecards and records, poor work performance, compliance/noncompliance with an employer's policies and procedures and so forth. You are correct, though, that sometimes they may be a prelude to disciplinary action and/or firing.
Do you have to go to the meeting? Yes. But if you reasonably believe that the meeting may result in discipline, you have the right to request the attendance of a representative.
The United States Supreme Court has held that an employee's request for representation during an investigatory interview in which the employee reasonably believes may result in discipline is considered a protected, concerted activity under Section 7 of the National Labor Relations Act. The right to representation, frequently referred to as “Weingarten rights,” covers all employees with a few exceptions. Representation can be either through a union representative (if applicable) or a coworker.
Return to index . . .
Q: My employer has denied my unemployment benefits. Can he do that?
A: Your employer doesn’t have the power to deny your unemployment benefits, only to protest them. The state unemployment office makes the final decision. You have the right of appeal. So does your employer. Generally, you are eligible for unemployment compensation if you were dismissed for any reason other than "for cause." If you leave voluntarily, you aren’t eligible unless you leave for "good cause," or what is commonly know as "constructive discharge."
Return to index . . .
Q: How much in unemployment benefits am I eligible for?
A: The compensation you may be eligible for is determined at the state level through a combination of your last 12 months pay and the average weekly wage earned by all workers statewide. Benefits generally last 26 weeks and are available if you’re actively looking for other employment.
Return to index . . .
Q: When must my employer give me my final paycheck?
A: That depends on your state’s law, and in some states whether your leaving is voluntary or involuntary. Generally, you must receive your check on your last day or on the next regular payday. Check with your state's Department of Labor for specific guidelines.
Return to index . . .
Q: My employer says that he’s not going to release my final paycheck until I turn in my equipment. Can he do that?
A: Technically, no. But he’s on stronger ground than he would be if you didn’t have the company’s equipment. Contact your state’s Department of Labor for specific information, and, likely, return the equipment.
Return to index . . .
Q: What can my former employer say when giving a reference?
A: Anything he wants, as long as it’s factually true or the legitimately-held opinion of the reviewer. He cannot say that you were fired for stealing if you quit. But he can say that he was not satisfied with your work, if indeed he wasn’t. The very large majority of employers don’t give more than titles, dates of employment and rate of pay, because it’s safer to say as little as possible.
Return to index . . .
Q: I think a former employer has blacklisted me. What can I do?
A: Blacklisting has come to mean that an individual's name is included on a list of "undesirable" employees. This list is then distributed to other potential employers possibly within a geographic area or within a specific industry. Inclusion on the list is typically due to actions they did or perhaps did not take while employed which the former employer found unacceptable. State laws prohibit blacklisting. It can be difficult to prove the willful or malicious intent on the part of the former employee necessary to establish blacklisting. If proven, punitive damages may be awarded.
Return to index . . .
NeelKeshaw Location: Pune
Notice Period for Termination of Employment
Hi friends
Can anynone help me get answers for the following
1. what is the minimum(legal) notice period for Termination/resignation of/from employment. I ask this because different companies have different notice periods
2. Can an employee be terminated/or can he resign without notice during probation
I represent an IT company with 26 employees
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
HI Neel,
Sorry for the late reply.
There is no such time period in particular. Generally, most of the companies ask the employees to provide the notice period of atleast 1 month an it varies from company to company depending on its policies.
If you terminate an employee with out any notice, you should pay a month's salary for the employee until and less you have a very strong reason for doing so. In most of the cases, companies asks the person to give resignation if they want to terminate the individual for any of the reasons.
I think you should include this in policies of your compny in order to avoid any problems in future, as you are heading your own firm.
Hope it will help, Good Luck.
Regards,
Kiran.
NeelKeshaw Location: Pune
Re: Notice Period for Termination of Employment
Hi Kiran
Thanks a lot for your reply, is the applicable for probationers also?
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
No, It is not applicable for the employees in probation period.
The reason being "PROBATION PERIOD", in the sense, the employee or candidate is under observation (generally probation period lasts for 6 months) and if you feel that this employee suits for the work you assigned him, you can continue or else you can terminate him. So, the above mentioned things would not apply for the employees under probation period.
Just for your knowledge, most of the companies employ "probation period" for back gorund verification of the candidate like his experience, all the doceumtns provided by him at the time of joining and stuff.
I hope this information will clear all your doubts. In case of any questions do not hesitate top reply back, Neel.
Regards,
Kiran.
NeelKeshaw Location: Pune
Notice Period for Termination of Employment
Hi Kiran ,that was great help ,I have another doubt ,hope you dont mind answering.
If an employee resigns say on 1st of Sep and serves a notice ( say 1 month), he works for us during that notice period. I think he has to be paid for that notice period during which he worked for us. Is it correct or we dont have to pay for the notice period.
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
HI Neel,
Yes, you do have to pay for his each and every day with your firm. My it be notice period or what ever it may be.
For your knowledge, Notice period is generally employed for the benefit of employer, in order for him to fill the leaving candidate's place in the notice perios. SO, you should pay the candidate until his last day with your company.
I hope this clears your doubt...
Regards,
Kiran.
NeelKeshaw Location: Pune
Re: Notice Period for Termination of Employment
Hi Kiran
Thanks for your help
Neel
Mattamkiran Location: Delhi
Re: Notice Period for Termination of Employment
Hey Neel,
Yes, you need to pay for the month he has worked under notice period. Hope this clarifies the confusion
Regards,
Kiran.
Hi,
Appriciate who ever response to this querry.
At the time of joining my company they took singature on stamp paper, with condition written “if i leave without notice i have to pay $$ amount to the company”. At the time of joining i didn't read it carefully and due to rush i signed the document.
I left the job during my probation (after 4 months) without giving notice and now my company has sent mail and the copy of that contract.
I would like to know in this regards do I have to obey to such contract. Or if I can simply ignore there mail.
FYI – The reason of leaving was family & I was not happy with my company. Hence left.
Thanks
Anand
From India, Bangalore
If you signed the contract without reading it, and one of the provisions was that if you left the company voluntarily you would have to reimburse the employer "$$", I believe that you have a moral as well as a legal obligation to pay the "separation fee".
The "employment at will" doctrine is not universal, especially where there is an employment contract in force.
I hate to be the bear of bad news, but that's the way it is. If you ignore the letter (which is a Company demand for their money) you run the risk of being taken to court (which will cost you possible fines, penalties, and the original fee), as well as the public humiliation and future negative reference.
From United States,
9The "employment at will" doctrine is not universal, especially where there is an employment contract in force.
I hate to be the bear of bad news, but that's the way it is. If you ignore the letter (which is a Company demand for their money) you run the risk of being taken to court (which will cost you possible fines, penalties, and the original fee), as well as the public humiliation and future negative reference.
From United States,
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