Are we at-will employed? annually? Forum

[Anonymous User]

so you are probably employed at will but at will can mean different things depending on the background laws. I believe in all states at will will always mean they cant fire you for bad reasons. In some states at will is really qualified by whatever the law permits. Some only allow termination for specific limited reasons (not really at will) and some go further and provide for legal remedy if it they fire you because of a reason not listed.. so basically in some places the severance package is mandatory if you're fired for a reason thats not allowed

This wasn't what I was getting at, but this is (mostly) correct. What I was trying to say is that just because a firm technically could fire you one month into your job, this almost never happens at the big firms. And when they do fire for reasons unrelated to your actual work product, just because they're bored of you and want you out, they will go a surprisingly long mile towards making sure you're not fucked.

But yes, if you're at-will at your firm, they can't fire you for race, gender, sex, disability and in some (very small minority of) states can't fire you for your sexual orientation. They also can't retaliate against you for filing a lawsuit or complaint against them (although most law firms will find subtle ways to break that law, and because word spreads quickly you will not be hired at other firms in the same market if you complained or sued about something big and/or stupid).

Are you a 3L? You really need to take some refresher courses in ConLaw, Contracts and Employment law.

I wasn't actually contradicting your post in any way (didn't even read your post before this post). I agree with what you said.

Also, at-will is qualified in some states beyond what your post might suggest. e.g. cannot fire you because the firm is simply tired of you... these are laws that go beyond "bad reasons". This is true even when they call it at-will. There is no lawful way to fire you outside the specified reasons and sometimes the law already specifies the remedy.

Not some states. Only Montana. Montana is the only state that has eliminated at-will employment in the US. Otherwise, Tanicius is totally correct. In at-will arrangements, employers can fire you for having poor taste in shoes (or any other ridiculous, non-discriminatory reason) if they'd like. They just can't fire you for those certain prohibited reasons (discrimination, retaliation). Now, they usually don't because recruiting and training people is expensive, but they can. Likewise, you can quit for any reason.

Now, employers and employees can contract to enter into other arrangements, but in 49 of the 50 states (with Montana as the only exception), at-will is the default.

I hope this is a flame and/or that you're an 0L. Anyone who has taken first year contracts should have no trouble with the idea of at-will employment.

You're right! only Montana (and PR but PR is not a state).

[NotMyRealName09]

This thread simultaneously made me smile and sad.