We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Termination at Will: What It Means for Employees and Employers
Definition & Meaning
Termination at will is a legal principle in employment law that allows either an employer or an employee to end the employment relationship at any time, for any reason, or even for no reason at all. This means that an employer can dismiss an employee without providing cause, and similarly, an employee can leave their job without needing to justify their decision. This concept is commonly included in employment agreements.
Table of content
Legal Use & context
Termination at will is primarily used in the context of employment law. It is relevant in civil law, particularly in cases involving employment disputes. Understanding this principle is crucial for both employers and employees, as it impacts job security and the rights of both parties. Users can manage certain aspects of employment agreements and terminations using legal templates available from US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee decides to resign from their position because they have accepted a new job offer. They are not required to provide a reason for their departure.
Example 2: An employer terminates an employee's position due to a company restructuring. The employer does not need to provide a specific cause for the termination. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Employers cannot terminate employees for discriminatory reasons or in violation of public policy.
New York
Similar protections against wrongful termination apply, including protections for whistleblowers.
Texas
Generally follows the at-will doctrine but has some exceptions regarding public policy.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Termination for cause
Ending employment due to employee misconduct or failure to meet job expectations.
Constructive dismissal
A situation where an employee resigns due to an employer's behavior creating an intolerable work environment.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving termination at will, consider the following steps:
Review your employment agreement to understand your rights and any specific clauses related to termination.
If you are an employer, ensure that you are complying with all applicable laws to avoid wrongful termination claims.
Consider using US Legal Forms to access templates for employment agreements or termination letters.
If you believe your termination was unjust or discriminatory, seek professional legal advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.