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Company retains right to terminate anytime for any reason [closed]
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Employment contracts often state that the company "retains the right to terminate employment at anytime for any reason".
Given this understanding, how are there "wrongful terminations" in the workplace?
USA, California
termination
asked Nov 9 '14 at 0:55
ProductionValues
1062
closed as off-topic by Wesley Long, Jim G., keshlam, gnat, yochannah Nov 9 '14 at 7:34
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, Jim G., keshlam, gnat, yochannah
suggest improvements |Â
up vote
-1
down vote
favorite
Employment contracts often state that the company "retains the right to terminate employment at anytime for any reason".
Given this understanding, how are there "wrongful terminations" in the workplace?
USA, California
termination
asked Nov 9 '14 at 0:55
ProductionValues
1062
closed as off-topic by Wesley Long, Jim G., keshlam, gnat, yochannah Nov 9 '14 at 7:34
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, Jim G., keshlam, gnat, yochannah
Stating the country would help, as there are significant differences.
– Peteris
Nov 9 '14 at 1:19
6
This is asking for legal advice. If you're a contractor, it will probably stand as written. If you're an employee, it's long-settled case law that contracts cannot override or void employment law. However, I encourage you to seek an attorney with a bar card in your state for advice if you're really concerned.
– Wesley Long
Nov 9 '14 at 1:37
suggest improvements |Â
up vote
-1
down vote
favorite
up vote
-1
down vote
favorite
Employment contracts often state that the company "retains the right to terminate employment at anytime for any reason".
Given this understanding, how are there "wrongful terminations" in the workplace?
USA, California
termination
asked Nov 9 '14 at 0:55
ProductionValues
1062
Employment contracts often state that the company "retains the right to terminate employment at anytime for any reason".
Given this understanding, how are there "wrongful terminations" in the workplace?
USA, California
termination
asked Nov 9 '14 at 0:55
ProductionValues
1062
edited Nov 9 '14 at 17:03
asked Nov 9 '14 at 0:55
ProductionValues
1062
asked Nov 9 '14 at 0:55
ProductionValues
1062
asked Nov 9 '14 at 0:55
ProductionValues
1062
1062
closed as off-topic by Wesley Long, Jim G., keshlam, gnat, yochannah Nov 9 '14 at 7:34
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, Jim G., keshlam, gnat, yochannah
closed as off-topic by Wesley Long, Jim G., keshlam, gnat, yochannah Nov 9 '14 at 7:34
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Wesley Long, Jim G., keshlam, gnat, yochannah
Stating the country would help, as there are significant differences.
– Peteris
Nov 9 '14 at 1:19
6
This is asking for legal advice. If you're a contractor, it will probably stand as written. If you're an employee, it's long-settled case law that contracts cannot override or void employment law. However, I encourage you to seek an attorney with a bar card in your state for advice if you're really concerned.
– Wesley Long
Nov 9 '14 at 1:37
suggest improvements |Â
Stating the country would help, as there are significant differences.
– Peteris
Nov 9 '14 at 1:19
6
This is asking for legal advice. If you're a contractor, it will probably stand as written. If you're an employee, it's long-settled case law that contracts cannot override or void employment law. However, I encourage you to seek an attorney with a bar card in your state for advice if you're really concerned.
– Wesley Long
Nov 9 '14 at 1:37
Stating the country would help, as there are significant differences.
– Peteris
Nov 9 '14 at 1:19
Stating the country would help, as there are significant differences.
– Peteris
Nov 9 '14 at 1:19
6
6
This is asking for legal advice. If you're a contractor, it will probably stand as written. If you're an employee, it's long-settled case law that contracts cannot override or void employment law. However, I encourage you to seek an attorney with a bar card in your state for advice if you're really concerned.
– Wesley Long
Nov 9 '14 at 1:37
This is asking for legal advice. If you're a contractor, it will probably stand as written. If you're an employee, it's long-settled case law that contracts cannot override or void employment law. However, I encourage you to seek an attorney with a bar card in your state for advice if you're really concerned.
– Wesley Long
Nov 9 '14 at 1:37
suggest improvements |Â
1 Answer
1
active
oldest
votes
up vote
7
down vote
This is called "at-will employment", and is how the vast majority of employment in the United States works. The company doesn't even need to tell you this; it is the default, and saying it or not makes no difference. The company, by default, always has the right to terminate you at anytime for any reason or no reason (as long as it's not due to one of several prohibited types of discrimination, e.g. based on race/gender/religion/disability/etc.), unless there's some kind of collective bargaining agreement requiring some other process (which is very rare; unions are uncommon in the U.S.).
Yes, there are still "wrongful termination" lawsuits; they usually claim the termination is due to one of the prohibited types of discrimination.
There are some other types of wrongful termination; for example, in most states (including California), they cannot terminate you for doing something to comply with the law; that's the "public policy exception". Also, in most states (including California), there is the "implied contract exception", usually where if the employee manual specifically says they will follow a certain procedure before terminating you, and they didn't follow it, then you can argue it was wrongful. (However, the company can change the manual at any time.) That's probably the reason they are making it explicit in the contract, so you won't think that any other part of the contract gives you an exception to at-will employment.
answered Nov 9 '14 at 10:22
user102008
1795
2
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
1
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
7
down vote
This is called "at-will employment", and is how the vast majority of employment in the United States works. The company doesn't even need to tell you this; it is the default, and saying it or not makes no difference. The company, by default, always has the right to terminate you at anytime for any reason or no reason (as long as it's not due to one of several prohibited types of discrimination, e.g. based on race/gender/religion/disability/etc.), unless there's some kind of collective bargaining agreement requiring some other process (which is very rare; unions are uncommon in the U.S.).
Yes, there are still "wrongful termination" lawsuits; they usually claim the termination is due to one of the prohibited types of discrimination.
There are some other types of wrongful termination; for example, in most states (including California), they cannot terminate you for doing something to comply with the law; that's the "public policy exception". Also, in most states (including California), there is the "implied contract exception", usually where if the employee manual specifically says they will follow a certain procedure before terminating you, and they didn't follow it, then you can argue it was wrongful. (However, the company can change the manual at any time.) That's probably the reason they are making it explicit in the contract, so you won't think that any other part of the contract gives you an exception to at-will employment.
answered Nov 9 '14 at 10:22
user102008
1795
2
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
1
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
suggest improvements |Â
up vote
7
down vote
This is called "at-will employment", and is how the vast majority of employment in the United States works. The company doesn't even need to tell you this; it is the default, and saying it or not makes no difference. The company, by default, always has the right to terminate you at anytime for any reason or no reason (as long as it's not due to one of several prohibited types of discrimination, e.g. based on race/gender/religion/disability/etc.), unless there's some kind of collective bargaining agreement requiring some other process (which is very rare; unions are uncommon in the U.S.).
Yes, there are still "wrongful termination" lawsuits; they usually claim the termination is due to one of the prohibited types of discrimination.
There are some other types of wrongful termination; for example, in most states (including California), they cannot terminate you for doing something to comply with the law; that's the "public policy exception". Also, in most states (including California), there is the "implied contract exception", usually where if the employee manual specifically says they will follow a certain procedure before terminating you, and they didn't follow it, then you can argue it was wrongful. (However, the company can change the manual at any time.) That's probably the reason they are making it explicit in the contract, so you won't think that any other part of the contract gives you an exception to at-will employment.
answered Nov 9 '14 at 10:22
user102008
1795
2
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
1
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
suggest improvements |Â
up vote
7
down vote
up vote
7
down vote
This is called "at-will employment", and is how the vast majority of employment in the United States works. The company doesn't even need to tell you this; it is the default, and saying it or not makes no difference. The company, by default, always has the right to terminate you at anytime for any reason or no reason (as long as it's not due to one of several prohibited types of discrimination, e.g. based on race/gender/religion/disability/etc.), unless there's some kind of collective bargaining agreement requiring some other process (which is very rare; unions are uncommon in the U.S.).
Yes, there are still "wrongful termination" lawsuits; they usually claim the termination is due to one of the prohibited types of discrimination.
There are some other types of wrongful termination; for example, in most states (including California), they cannot terminate you for doing something to comply with the law; that's the "public policy exception". Also, in most states (including California), there is the "implied contract exception", usually where if the employee manual specifically says they will follow a certain procedure before terminating you, and they didn't follow it, then you can argue it was wrongful. (However, the company can change the manual at any time.) That's probably the reason they are making it explicit in the contract, so you won't think that any other part of the contract gives you an exception to at-will employment.
answered Nov 9 '14 at 10:22
user102008
1795
This is called "at-will employment", and is how the vast majority of employment in the United States works. The company doesn't even need to tell you this; it is the default, and saying it or not makes no difference. The company, by default, always has the right to terminate you at anytime for any reason or no reason (as long as it's not due to one of several prohibited types of discrimination, e.g. based on race/gender/religion/disability/etc.), unless there's some kind of collective bargaining agreement requiring some other process (which is very rare; unions are uncommon in the U.S.).
Yes, there are still "wrongful termination" lawsuits; they usually claim the termination is due to one of the prohibited types of discrimination.
There are some other types of wrongful termination; for example, in most states (including California), they cannot terminate you for doing something to comply with the law; that's the "public policy exception". Also, in most states (including California), there is the "implied contract exception", usually where if the employee manual specifically says they will follow a certain procedure before terminating you, and they didn't follow it, then you can argue it was wrongful. (However, the company can change the manual at any time.) That's probably the reason they are making it explicit in the contract, so you won't think that any other part of the contract gives you an exception to at-will employment.
answered Nov 9 '14 at 10:22
user102008
1795
answered Nov 9 '14 at 10:22
user102008
1795
answered Nov 9 '14 at 10:22
user102008
1795
answered Nov 9 '14 at 10:22
user102008
1795
1795
2
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
1
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
suggest improvements |Â
2
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
1
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
2
2
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
At-will employment is a two-way street. The employee has the same right to end his employment at any time for any reason.
– Blrfl
Nov 9 '14 at 18:18
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
I believe that if they tell you a reason and that reason is illegal, then that is how you can have wrongful termination. That is why smart companies never tell you a reason. Of course stupid managers do it all the time becasue they are furious at the person. Other ways it can be wrongful is if themanager soes somethign wrong adn you object and tehn you are fired. Suchas he told you do somethign illegal, you refused and then got fired. Or he made a pass at you, you refused and tehn got fired. Or you reported a asaefty violation to OSHA and then got fired.
– HLGEM
Nov 9 '14 at 18:38
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
@HLGEM, dunno if you noticed, but there at least 8 typos, mostly reversed letters. on my web browser, these misspelled words get underlined.
– robert bristow-johnson
Nov 9 '14 at 20:40
1
1
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
@robertbristow-johnson: lol. That's probably the first time I've seen a typo in a post by HLGEM. Guessing it's "smart" phone related.
– NotMe
Nov 10 '14 at 17:20
suggest improvements |Â
Stating the country would help, as there are significant differences.
– Peteris
Nov 9 '14 at 1:19
6
This is asking for legal advice. If you're a contractor, it will probably stand as written. If you're an employee, it's long-settled case law that contracts cannot override or void employment law. However, I encourage you to seek an attorney with a bar card in your state for advice if you're really concerned.
– Wesley Long
Nov 9 '14 at 1:37