Full question:
I am an executive director of a medium size company and do not have a position description. Our atty says I don't need one. My CEO has given me a performance review without a position description. I am also told that it is easier to terminate an employee who does not have a PD. True?
- Category: Employment
- Date:
- State: Minnesota
Answer:
Unless you have an employment contract, a position description does not protect you from termination. If you do have a contract, the description might serve as evidence in a dispute over a breach. In Minnesota, employees are generally considered "at will," meaning they can be terminated for any reason or no reason, as long as it doesn't violate a contract or involve illegal discrimination. Discrimination laws typically do not apply to private employers with very few employees.
If you lack protection from a contract, you are likely an at-will employee, which means you can be fired without notice. In cases where a contract, like a collective bargaining agreement, exists, employees may need to be warned about performance issues before dismissal, following a specific process.
In at-will employment situations, either party can end the relationship without liability, unless the termination violates public policy, good faith obligations, or established procedures in an employee handbook. While employers can terminate at-will employees for arbitrary reasons, they may face liability if they fail to follow their own procedures or act with malice. If you claim your employment was for a specific term, you must prove it, as courts generally interpret employment contracts as at-will unless stated otherwise.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.