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Nuance uses the "at will" employee status. - see message
Posted: May 16, 2015
Has anyone ever been fired under the auspice of "at will" employement? People come on the board talking about how they get warnings for not meeting their schedule or any of the other things employees get written up for. I want to know if anyone has ever been fired for no reason at all, just because the company felt like letting them go under their "at will" priviledge.
Doubt it. They usually look for something or try and - make one so miserable they quit. No UE that way.
[ In Reply To ..]Remember, this is Nuance you're asking about. Anything done is to their advantage.
It might depend on what state you live in - as to labor laws
[ In Reply To ..]In my state, you can be fired for any reason whatsoever. They woke up that morning and simply decided they did not care for how many paragraphs you put in the document....or whatever.
Most companies have a policy and procedure for firing a person, so as to not pay unemployment, I would suppose, and also probably protects them from claims of discriminatory practices, etc.
But, in reality, here, anyway, you can be fired pretty much anytime.
That's my take.
What States Are At-Will? List of At-Will Employment States
All states recognize at-will employment. However, some states place limitations on it. These limitations are in addition to the ones that federal laws apply to all states. Here's the breakdown of states that have various restrictions or modifications to at-will employment at the state level.
The basic exceptions that some states require are the public policy exception, the implied contract exception, and the covenant of good faith exception.
Which States Have the Public Policy Exemption?
The public policy exception is similar to the federal requirements, but it can be pursued at the state level as well as at the federal level. It's one of the more widely applied exceptions, and these states are the only ones that do not follow it:
� Alabama
� Florida
� Georgia
� Louisiana
� Nebraska
� New York
� Rhode Island
Which States Have the Implied Contract Exemption?
The implied contract exception applies in states where employers have employees sign at-will employment contracts but include in the contract or employee handbook the statement that they will only be terminated for "just cause" or something similar. It is also broadly applied, and the only states that do not recognize it are:
� Delaware
� Florida
� Georgia
� Indiana
� Louisiana
� Massachusetts
� Missouri
� Montana
� North Carolina
� Pennsylvania
� Rhode Island
� Texas
� Virginia
Which States Have the Covenant of Good Faith Exemption?
Covenant of good faith is one of the broadest exceptions. It essentially requires that employers only terminate employees for just cause, even if the Employee Handbooks or Employment Contracts say nothing about that requirement. It is the narrowest exception, but it is the broadest in its application within the states that do recognize it. These are the states that recognize this exception to at-will employment:
� Alabama
� Alaska
� Arizona
� California
� Delaware
� Idaho
� Massachusetts
� Montana
� Nebraska
� Utah
� Wyoming
I don't know if this is a good source, but might make for a beginning to interesting research.
https://www.rocketlawyer.com/article/what-states-are-at-will-employment-states-ps.rl
Excellent resource. Thank you. - nm
[ In Reply To ..]...
In some states all employment is "at will" and no...sm - oldtimer
[ In Reply To ..]reason needs to be given for letting someone go. The issue is whether you can collect unemployment. If you are fired for no good reason, yes. If you are fired for just cause, no. Basically, you need to check with the laws in your state.
That's not quite right. - Will
[ In Reply To ..]"At will" employment simply means that an employee has no right to employment. So, if someone is fired, he/she cannot sue for wrongful termination. The exception here is when the firing is in violation of Federal law. It is difficult for employers firing employees to get workers' UE claims denied, though it isn't uncommon for them to make this threat.
Yep. It's not about the truth. It's about what you make - the employee believe. nm
[ In Reply To ..]xxx
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