What is an At-Will Employment Agreement Review?
An at-will employment agreement is signed by an employer and employee. It specifies that the employer (or employee) can end the agreement whenever they choose, without requiring a valid reason. Without strict notice periods or other legal duties to consider, the termination can be a quick and simple process.
That said, there are some exceptions to know about. This is one of the reasons why reviewing an at-will employment agreement is important.
Read the rest of this article to explore at-will employment agreements, how to review them, and when to consult with a lawyer for a thorough review.
What are Common Exceptions in an At-Will Employment Agreement?
There are some common exceptions to consider when dealing with at-will employment agreements. These prevent the agreement from being legal, and they include the following:
- If an employee has an employment contract, they might not be able to sign an at-will employment.
- If an implied contract is involved, an employer might not be able to fire their employee for no cause.
- If the employer isn’t acting in good faith, such as by trying to fire an employee so they don’t have to pay for their healthcare, this is an at-will employment exception.
- It’s never acceptable or legal for employers to hire or fire an employee based on race, religion, gender, age, veteran status, or disability.
What are Pros of At-Will Employment Agreements?
While at-will employment agreements seem to favor employers, they actually have benefits for both employers and employees.
- Employees can benefit from working in a job role that enables them to take better career opportunities which might arise, without feeling worried about breaches of contract or post-termination duties.
- As for employers, they can change their staff numbers to remain flexible. This can help them adjust to market demands. They can also operate according to their financial situation.
What’s Included in an At-Will Employment Agreement?
An at-will employment agreement usually includes some key terms, such as:
- Employment description. The agreement must specify if the employee is being hired on a part-time or full-time basis.
- Duties. This section will include information about what roles and duties the employee has in their job role.
- Term. When describing the term of employment, the agreement will specify when the agreement begins and state that it can be terminated at any time.
- Compensation. This states how much the employee will be paid for their work, as well as outline payment structures. Overtime compensation will also be included, if applicable.
- Dispute resolution. Should conflict arise between parties, the agreement should include how it can be settled, such as via mediation or arbitration.
How Can You Review an At-Will Employment Agreement?
Although an at-will employment agreement can be straightforward, you should take some time to review its details. Here are some tips.
- Read the entire document. One or two read-throughs will ensure you understand everything included in the agreement.
- Make notes. Highlight or note any aspects of the document that are confusing or complex, or which require a bit more clarification from your employer.
- Start with the most important terms. Some of the most important details in your at-will employment contract include payment and termination.
- Look for clauses that affect your future employment. You want to check the agreement for anything about non-compete and confidentiality clauses that could restrict future work opportunities.
- Flag vague language. If wording is too ambiguous, it can be misinterpreted. This is why you should note it and check with the other party for clarification.
- Compare the document to other company documents. You want to see how it fares against company policies or other contracts to ensure that there’s no misleading or conflicting information.
- Negotiate any clauses you’d like to change. This ensures everything is fair and reasonable, instead of one-sided. Get any revisions in writing to keep both parties accountable.
Do You Need a Lawyer for an At-Will Employment Agreement?
You don’t always need to hire a lawyer for help with reviewing your at-will employment agreement, but it’s advisable. Even if your document is simple and straightforward, legal guidance will help you avoid potential pitfalls.
Lawyers can help you in the following ways, such as by:
- Unpacking any complex or legal language in the document.
- Spotting hidden risks, such as restrictive non-compete agreements.
- Considering the bigger picture of the agreement by focusing on how it could affect your future career opportunities.
- Preventing you from making any costly mistakes.
- Taking your location into account, as at-will employment contract rules and regulations vary in different states.
- Negotiating the agreement’s terms with the other party, if required.
- Giving you legal advice and guidance on specific concerns you have so you enter into the agreement with peace of mind.
- Revising the at-will employment agreement so that it’s legally sound and professionally drafted.
Where Can You Find a Lawyer for an At-Will Employment Agreement?
If you’re dealing with a complex, confusing, or vague at-will employment agreement that you’re not feeling confident about, you should contact a professional lawyer.
While finding a lawyer can be a hassle sometimes, online legal marketplaces make it much easier. On ContractsCounsel, one of the largest online legal marketplaces where clients can connect with reliable lawyers, the process of getting a contract reviewed is simple.
Here are the easy steps to follow if you want to hire a lawyer from the ContractsCounsel platform to review your at-will employment agreement.
1. Go to the ContractsCounsel marketplace, where you can post your project. It’s free to do!
2. Specify some details about what you require so lawyers know how to help you.
3. Wait for lawyer bids. Without having to do any research, you’lll receive multiple bids from lawyers on the platform who want to review your agreement.
4. You can review the lawyers' profiles based on criteria such as their location, experience, credentials, and client ratings for previous projects completed on the platform.
5. Select the best lawyer for your purposes, and get peace of mind that your contract is professional, fair, and legal.
