Home Blog At Will Employment

Jump to Section

Quick Facts — Employment Contract Lawyers

What is At Will Employment?

At will employment is the default employment relationship in all states except Montana. At will employment means employees can resign or be fired for any reason, with a few exceptions. The general rule is that termination needs to be legal and not involve retaliation or discrimination of any kind by the employer. Additional legal protections include termination in violation of public policy or in retaliation for whistleblowing.

Montana has unique laws that offer additional protection for employees during their probationary period. A probationary period, unless defined by the employer, is typically 6-months. Other states have statutory or common law protections that limit the employer’s ability to terminate an employee without cause.

Is At-Will Employment a good idea?

Montana is the only State in the US that offers protection from termination for the employee after their probationary period. A probationary period, unless defined by the employer, is typically 6-months.

Unlawful Reasons for Termination

There is a common misconception surrounding termination for at will employees. At will employees are not left totally unprotected and there are still reasons that are considered unlawful termination. Below are examples of things that would be considered unlawful termination under at will employment:

  • Unwillingness to work in an unsafe environment
  • Discrimination or anything related to it
  • Attempting to negotiate a raise

Are you an at-will employee if you have a contract?

Typically, an employment contract provides additional protections and limitations on termination, but you can still be considered an at-will employee even if you have a contract. Employment contracts typically include a union collective bargaining agreement and a section that specifically addresses termination. The terms of the contract will determine the rights and obligations of both parties, including the conditions under which the employee can be terminated. If you want to see what is typically included in an employment contract, please visit this article.

Since nearly all aspects of employment are negotiable, employees that are in high demand will negotiate their employment contracts to protect them from termination without cause. There are no set rules for the content of employment contracts, so it is up to the employer and employee to negotiate the exact terms of their relationship.

Below are terms that are routinely negotiated during employment:

At Will Employment States

Currently, all States except for Montana are at-will employment States. Montana’s Wrongful Discharge From Employment Act was created to ‘balance the need to protect employees from wrongful terminations with an employer's need for protection from employee poor performance or bad behavior’.

According to the WDFEA, an employee can only be terminated for good cause after a probationary period. The goes further in saying that if an employer does not clearly establish a probationary period, the default will be 6-months from the date of hire. During the probationary period, the employment can be terminated by either the employee or employer at any time.

Do I need to give notice for at-will employment?

At-will employees do not need to, and are not required to, give notice when terminating their employment contract. Most employees provide a resignation letter or oral notification when they intend to terminate the employment relationship.

What are good ways to avoid legal complications?

The best way an employer or employee can avoid legal complications is to:

  • Document Everything
  • Address Terms Upfront

Document Everything

When possible, get everything in writing and make sure you use clear and concise language.

Address Terms Upfront

While the excitement of perspective employment may be hard to overcome, it is important to address terms upfront so the terms and conditions of the employment are clearly outlined.

If you need to create an employment contract for you or your team, ContractsCounsel can help. We have a team of lawyers who have been vetted and work in over 30 different industries. Contact us today to find out how we can help.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with an Employment Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,554 reviews

Meet some of our Lawyers

Ryan W. on ContractsCounsel
View Ryan
5.0 (11)
Member Since:
June 8, 2021

Ryan W.

Attorney
Free Consultation
Mechanicsburg, PA
16 Yrs Experience
Licensed in PA
Widener University Commonwealth School of Law

Ryan A. Webber focuses his practice primarily on Estate Planning, Elder Law, and Life Care Planning. His clients range from young families concerned about protecting their family as well as aging individuals. Ryan provides Estate Planning, Trust Planning, Special Needs Planning, Public Benefit Planning, and Estate Administration. Ryan focuses on the holistic approach to the practice of elder law which seeks to ensure clients are receiving good care when needed and that they preserve enough assets with which to pay for such care. Many families and individuals also come to Ryan for preparation of their wills, power of attorney, and healthcare guidance documents. Additionally, Ryan assists small and medium sized business owners with their organizational and planning needs. From starting or winding down a business, Ryan provides quality business advice.

Recent  ContractsCounsel Client  Review:
4.7

"Ryan helped me better understand my contract (he explained the legalese) and potential issues relating to it. He noticed things I wouldn't have noticed."

Jonathan M. on ContractsCounsel
View Jonathan
5.0 (1)
Member Since:
January 19, 2023

Jonathan M.

Attorney
Free Consultation
Charlotte, NC
16 Yrs Experience
Licensed in NC, SC, VA
Charlotte School of Law

Owner and operator of Meek Law Firm, PC. Meek Law Firm provides comprehensive business law representation, precise and informed representation for real estate transactions in the commercial and residential markets of North and South Carolina and efficient succession and estate planning for business owners and individuals.

Recent  ContractsCounsel Client  Review:
5.0

"He educated and did a through job with making sure that all the bases were covered in the contract reviewed. I do hope to work with again."

Gamal H. on ContractsCounsel
View Gamal
5.0 (1)
Member Since:
October 31, 2021

Gamal H.

Attorney
Free Consultation
New York City
28 Yrs Experience
Licensed in NY
New York Law School

I am a commercial contracts attorney with twenty years of experience. I have represented major corporate clients including Amazon, Marvel, and Viacom as well as independent entertainment professionals and technology startups.

Recent  ContractsCounsel Client  Review:
5.0

"Gamal has been a pleasure to work with. This book is the first in a 4-book series and I will certainly retain him for all of them should the publisher wish to exercise that option. Well done!"

Valerie L. on ContractsCounsel
View Valerie
5.0 (48)
Member Since:
September 21, 2022

Valerie L.

Attorney
Free Consultation
Vacaville, CA
5 Yrs Experience
Licensed in CA

Valerie is a passionate attorney specializing in Employment Law, Family Law, Personal Injury, and Business. With a strong foundation in the legal field, she is committed to helping individuals navigate the intricacies of their legal agreements. Valerie prioritizes open communication, ensuring her clients feel seen, understood, and confident as they make important decisions for their future. She is committed to empowering clients to become the best version of themselves while addressing their unique needs throughout the process.

Recent  ContractsCounsel Client  Review:
5.0

"I had an excellent experience working with Valerie on my prenup. She was knowledgeable and thorough. She took time to answer my questions and explain items in detail. I felt completely supported throughout the entire process. Thank you for your professionalism and for making an otherwise stressful task feel more manageable. Highly recommend!"

Justin K. on ContractsCounsel
View Justin
4.9 (42)
Member Since:
September 22, 2022

Justin K.

Freelance Attorney
Free Consultation
Valencia, CA
23 Yrs Experience
Licensed in CA
University of Southern California School of Law

I have been practicing law exclusively in the areas of business and real estate transactions since joining the profession in 2003. I began my career in the Corporate/Finance department of Sidley's Los Angeles office. I am presently a solo practitioner/freelancer, and service both business- and attorney-clients in those roles.

Recent  ContractsCounsel Client  Review:
5.0

"Very happy with the communication, timeliness and quality of the work."

Sarah S. on ContractsCounsel
View Sarah
Member Since:
September 22, 2022

Sarah S.

Attorney
Free Consultation
Oklahoma
6 Yrs Experience
Licensed in OK
University of Tulsa College of Law

I have a background in Criminal Law, Family Law, Contract Law, and Environmental Law. I also have five (5) degrees in the following: Here are my degrees and background: 1) B.S. in Environmental, Soil, and Water Sciences 2) A.S. in Pre-Medical Sciences (anatomy, physiology, medical terminology) 3) A.S. in Aircraft Non-Destructive Inspection (science of x-rays, cracks in metal, liquid penetrant, magnetic particle inspections, ultrasonic inspections, and spectrophotometric oil analysis) 4) Master's in Natural Resources Law Studies (1 year focus in the environmental and pollution laws (Hazardous Waste Laws such as RCRA, CERCLA, FIFRA, Natural Resource laws such as ESA, CWA, CAA, FWPCA, Environmental Law, Sustainable Development, and Global Climate Change issues) 5) Juris Doctor and certificate in Native American Law

James G. on ContractsCounsel
View James
Member Since:
September 22, 2022

James G.

Attorney
Free Consultation
Glendale, Arizona
11 Yrs Experience
Licensed in AZ
Arizona Summit School of Law

I am a lawyer in Glendale, Arizona. I have practiced in contract work including buy/sell agreements, contracts for the purchase of goods and services and real estate. I also practice in bankruptcy law and sports and entertainment law.

Find the best lawyer for your project

Browse Lawyers Now

See Real Employment Contract Projects

North Carolina Employment Contract Review Review
  • North Carolina
  • 3 lawyer bids
  • $450 - $1,000
View Details
Arizona COO employment contract Review
  • Arizona
  • 4 lawyer bids
  • $400 - $750
View Details
California Employment Contract Review Review
  • California
  • 3 lawyer bids
  • $500 - $1,250
View Details
Maryland Existing Employee asked to sign NDA, IP assignment and non-disparagement agreement Review
  • Maryland
  • 2 lawyer bids
  • $1 - $350
View Details
Texas Contract for salary employee Drafting
  • Texas
  • 7 lawyer bids
  • $425 - $1,050
View Details
Texas Employment Contract Review Review
  • Texas
  • 4 lawyer bids
  • $400 - $700
View Details

See all Employment Contract projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with an Employment Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,554 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers
AT WILL EMPLOYMENT LAWYERS BY CITY
See All At Will Employment Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with an Employment Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,554 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city