At-Will Employment Education and Training
Keep your policies in compliance with at-will employment education and training
Almost all state law books contain employment at will policy regulations. Your employee policy handbook should contain language to inform employees upon their hire of what at will employment means and how it affects the relationship between employer and employee.The history of employment at will dates back to a court case in 1884, which established state law, and about a decade later for federal law. Even though the concept isn't new, education and training can help keep your policy current and prevent misunderstandings, or worse, lawsuits.
It's important to remember that under at-will, either party, the employer or the employee, can break the relationship for any reason and at any time without liability. Consider these other training and education starting points:
1. Study collective bargaining rules and how they pertain to an at will employment policy if your employees belong to a union.
2. Consult with a lawyer for education about how the at will employment clause should be worded to avoid litigation.
3. Study an at will employment agreement that has been held up in court and analyze the effective parts of the agreement.
Research the employment at will laws in your state
There's always an exception to every rule. Montana, for example, doesn't allow at will employment. At-will termination doesn't apply if it violates a federal law such as those prohibiting discrimination. And in a majority of states, established public policies dictate certain other reasons that at-will could be void. The more you know about your state regulations, the better, more encompassing policy you can include.
Try: If you do business in Delaware, you'll want to comply with at-will and other labor regulations. Or in Alabama, contact the Department of Industrial Relations.
Get human resources training that addresses issues of at will employment policy
Seminars and certification programs in employment law will give your HR staff the grounding they need to handle the full spectrum of at will employment issues, from developing employee handbooks that correctly set out your employment at will policy, to crafting a legally enforceable at will employment agreement, to the sometimes complicated process of ending at-will employment.
Try: National Seminars Training offers a 2-day seminar on Human Resources and the Law, which includes at will employment issues. Earn 26 credit hours toward Human Resources Certification Institute recertification with the 4-day Employment Law Certification for HR Professionals program offered by the Council on Education in Management in partnership with George Washington University.
Keep current on developments in at-will employment policy
Just as laws are constantly changing, so must human resources policies. Ongoing training and education through online resources is an easy, inexpensive way to stay in the know.
Try: The employment law blog at Lawyers.com offers an FAQ on the key issues surrounding at-will employment. Interactive Employment Training maintains the EEO News site, which provides a daily feed of headlines and case studies in employment law.
- An employment at will contract should take into consideration the federal Civil Rights Act of 1964, the Family and Medical Leave Act and the Americans with Disabilities Act. Even in at-will states, the Uniformed Services Employment and Reemployment Rights Act protects veterans rights to re-employment after service.
Copyright © 2011 Business.com, Inc. All Rights Reserved.
