At-will is the default in every state except Montana. Exceptions include statutory protections, express and implied contracts, and public policy limitations on the reason for discharge.
Disclaimers preserve at-will status against implied contract claims.
Alternative Names:
Employment at Will|At-Will Doctrine
Why it Matters?
Conspicuous at-will disclaimers in handbooks and offer letters are what defeat implied contract claims, and an employer whose handbook describes progressive discipline without a disclaimer may have created an enforceable procedure. Consistency matters as much as the disclaimer, since following a stated process in every case and departing in one supports an argument the process was binding. The doctrine protects the reason, not the manner, of termination.
Frequently Confused with
Related terms
Frequently asked questions
What defeats implied contract claims?
Does consistency matter?
