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Can you please explain 'at-will' state and also the normal length of a new employment contract
Anonymous2 views3 answers
Hi, I've just relocated to LA and have received a full time job offer (YAY!). I got given a one page offer letter, which upon my acceptance, forms the new hire agreement. i.e. the letter is the agreement. While it's brief and makes common sense, I'm normally more used to elaborate lengthy employment contracts. Is this normal? Should I ask for something more thorough?
In any case, it might not really matter, as it also states it is an at-will contract and they can fire me whenever, for whatever reason, with no notice. I'm not familiar with this kind of thing, and wonder if I can negotiate this point or ask about it. I'm not anticipating getting fired at will but would prefer if ever an issue arose that they had the decency to sit down with me rather than just give me a box and tell me to 'leave the building now', kind of thing! Appreciate your input! The industry is marketing, and I'd be working out of an office full time (though the letter which apparently is my contract doesn't specify even basics such as the hours of work!!)
Congratulations on your new job and welcome to California.
In California, all employment is at will unless you have an express agreement to the contrary. Such an agreement to the contrary would be one that is either for a defined period of time, like a one-year guaranteed contract, or where there are specific terms in the agreement that set forth defined cause for termination. Most employers are unwilling to give for-cause contracts as it severely limits their ability to govern their business, but it is possible to negotiate a for-cause provision, usually in higher-end, highly compensated positions.
At will simply means your employer can change the terms and conditions of your employment, including termination, pay, benefits, job description, hours of work, and any any other term or condition, at any time and for any lawful reason, simply by telling you that the change is effective immediately. It gives employers extremely broad discretion to treat its employees as it wishes.
It is not unusual for employers to not provide extensive employment contracts. Some do, some do not. Again, the higher level the job, the more likely there will be more extensive written agreements.
You can try to negotiate, but just know that the at will relationship will even allow an employer to terminate you before you get started if it does not like the fact you want to negotiate a for-cause provision or because you want a written agreement.
Good luck to you.
Mr. Petersen gives a great analysis. What you are requesting is not unreasonable, but potentially risky. However, the "new" employment climate may respond well to someone who wants, from the get-go, want to protect their interests.
Representing employees, I often want to do exactly as you suggest. But representing employers, my response is "no".... You stay at will. Bottom line is negotiation power and which can side wants the other more. Good luck.
