Managers must be careful to not make promises that employees can maintain their jobs so long as they do a good job. In this video, Don Phin discusses ways to help managers understand the legal significance of at-will vs. for-cause employment.
- At-will employment is the basic rule…of the United States…and considered one of the greatest prerogatives…of American management.…At-will employment doesn't exist…in most industrialized nations.…For example, in France, it's not possible…to hire employees at will.…In other words, once you've taken on an employee,…you may only dismiss him or her for a specific reason.…The reason must be one which is recognized…by French statute or case law.…
The at-will doctrine is based on state, not federal law.…As an example, California Labor Code Section 2822 states,…"An employment, having no specified term,…"may be terminated at the will of either party…"on notice to the other.…"Employment for specified term means an employment…"for a period greater than one month."…The only state that does not recognize…the at-will doctrine is Montana,…and don't ask me why.…
Other than living in Montana,…the other exceptions to at-will employment…are union agreements and individual contracts.…To reinforce the at-will law and avoid promises,…
DISCLAIMER: This course addresses US law concepts that may not apply in all countries. LinkedIn (including Lynda.com) and the instructor are not giving legal advice. Neither Linkedin (including Lynda.com) nor the instructor represent you. The information conveyed through this course is similar to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views and legal interpretations presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- How job descriptions matter when it comes to the law
- Offer letters, contracts, and agreements
- Questions you can't ask job applicants
- Test and assessment instruments
- Managing employee leave
- Harassment and discrimination laws
- Handling bullies in the workplace
- Employee discipline