Employer-employee Contracts and At-Will Employment

Employer-employee relationships are governed by the terms and conditions of the employment contract.

An employment contract is a legal agreement, agreed by both employer and employee.

An employment contract usually contains the following:

• Name of employer

• The name of the employee

• Job title and description

• Address at work

• Details for payment

• Hours worked each week

• Vacation

• Illness law

• grievance events

• Termination of contracts announced

• Redundancy

• Disciplinary procedures

• Signatures of both employer and worker

In the U.S., most employment contracts do not include the length of tenure, as most employees are considered to be at-will.

This means that the employer and employee are free to terminate the employment contract at any time for any reason.

However, there are three exceptions where a firing of an at-will employee who could provide the basis for an improper termination.

The three exceptions are:

• Breach of contract - This happens if the employer explicitly or implicitly stated a commitment to an employee on a certain degree of job security. These statements can generally be found in employee handbooks or memos to employees when they are employed. Courts generally interpret these unilateral contracts where the employer promises the employee that he / she will not be terminated except for just cause.

• Breach of an implied covenant of good faith and fair dealing - This happens when an employee argues that the employer has stated in various ways, the employee gets the job security, and will be treated fairly. Repeated promotions, pay increases, seniority, and positive evaluations of the results can be interpreted as a sign that as long as they do their work properly, so their job will be safe.

• Violations of public order - This occurs when the termination of an employee in conflict with or undermine existing federal and state laws. The following are examples of violations of public order:

o terminate an employee because he / she used the Family Medical Leave benefits. This right was given to the employees of the state and shoot him / her of undermining the state also.

o terminate an employee because he / she refuses to commit unlawful acts.

o Termination of an employee failed to follow procedures. The company's employee handbook contains usually the correct procedures to be followed when an employee is terminated. If the procedure was not followed, the employee can file for unlawful termination fees.

Employment at-will still unclear in many states. Legislators and court decisions continue to shape and respond to the debate on how to protect employees unfairly dismissed while still allowing employers the freedom to make personnel changes.

Employers are now taking measures to protect themselves against unfair dismissal suit by adding terms of employment at will the causes of employment contracts and deleted potentially troublesome statement from their books.

Employees should consult with an expert improper termination lawyer to know if they have a winning case against their employers.