Most employees in New Jersey and Pennsylvania are employed at will. At-will employment can be confusing for many people. Here are some answers to the most frequently asked questions the attorneys at Swartz Swidler receive about at-will employment.
1. What Is the Meaning of At-Will Employment?
If you are employed at will, this means that your employer can fire you at any time and for any reason without giving notice to you. However, your employer cannot fire you for an illegal reason. You also have the right to end your employment at any time and for any reason without providing notice to your employer. Unless you sign a contract stating that your employer cannot terminate you without good cause, you will be assumed to be an at-will employee.
2. What Are Employment Contracts?
Employment contracts are legally enforceable agreements between employees and employers that address the basic details of a job. If you are presented with an employment contract, it will become binding when you sign it. An employment agreement can sometimes be formed orally or be implied by the employer’s behavior.
Typically, an employment contract will include the benefits, salary, and start date. There might also be a confidentiality agreement, a non-compete agreement, an exclusive employment provision, and a provision assigning the rights of any inventions you create at your job to your employer. Some agreements include provisions about termination in which they state that employment can be terminated for any reason. Some contracts contain arbitration clauses or choice of law provisions. You should review any employment contract you are presented with carefully before you sign it so that you understand how it might affect your rights.
3. What Should I Do if My Employer Asks Me to Sign a Bunch of Documents?
It is common for employers to present newly hired employees with a stack of documents for them to review and sign. These documents frequently include company policies, an employee handbook, job evaluations, and at-will employment agreements. Review the documents to see whether it states that your employment is at will. This can also be implied through language stating that you can be terminated at any time. Unless the documents state otherwise, you should assume that you are employed at will. When you sign your documents, you agree that your employment can be terminated at any time. You can negotiate with a prospective employer about the terms of your employment.
4. Am I Required to Sign an At-Will Agreement?
While you do not have to sign an at-will agreement, your employer can decide to terminate you or retract an offer of employment if you refuse to sign it. In most cases, employers try to work with employees before terminating them. For example, if your performance needs improvement, your employer might initiate a performance improvement plan to give you a chance to improve before you will be fired.
IF you sign an at-will agreement but are relying on comments made by your employer about continuous employment, you should be careful. For example, if your employer promised to give you a year to get up to speed during your interview, it might sound like a good deal. In that type of situation, you might not want to sign an at-will employment agreement. If your employer then fires you before a year has expired, you might have grounds to file legal action against your employer based on the promise the employer made to you during your interview.
5. When Is a Termination Unlawful?
There are a number of different laws that prohibit wrongful termination, and these laws also apply to employees who are employed at will. Your employer cannot violate the discrimination laws and terminate you based on your protected status. Some of the protected characteristics include the following:
- Age
- Sexual orientation
- Gender identity
- Sex
- Age
- Disability
- Religion
- Race
- Color
- Pregnancy
- Genetic information
- Citizenship status
- National origin
Employers that terminate employees in violation of their written, oral, or implied contracts can also be sued for breaching their contracts. In that type of situation, you might be able to file a wrongful termination claim against your employer.
Employers also cannot retaliate against employees for exercising their rights. For example, if you reported your employer for violating safety laws or for discriminating against you based on your protected characteristics, your employer cannot fire you to retaliate against you. You also cannot be fired because you requested leave under the Family and Medical Leave Act, reported for jury duty, or reported for military service. Your employer cannot fire you for refusing to do something illegal. Any of these situations can form the basis of a wrongful termination claim.
6. What Damages Can I Recover in a Wrongful Termination Claim?
The amount of compensation you might be able to recover in a wrongful termination claim will depend on what happened and the amount of your losses. Some of the types of damages you might be able to recover include back pay, front pay, job reinstatement, promotion, reasonable accommodations, and other compensatory damages. You might also secure injunctive relief and recover money for your attorney’s fees.
Get Help From the Wrongful Termination Attorneys at Swartz Swidler
Even if you are employed at will, that does not mean that your employer can fire you for an illegal reason. If you believe that you were terminated by your employer for an illegal reason or in retaliation for you exercising your rights, you should speak with the employment lawyers at Swartz Swidler. We can analyze what happened and provide you with an honest assessment of your legal options. Call us today at (856)685-7420 for a free consultation.
