"At Will"... What does it really mean?

If you live in an “At Will” state, you may believe you can terminate whenever, whomever you want – without cause – but that isn’t necessarily the case. Let’s examine this “At Will” concept.

Let’s have a look at this… “At Will” means you can terminate the employment relationship with or without cause. It also means the employee can terminate the employment relationship with or without cause. That means employees DO NOT legally have to give two weeks notice before they quit their job. Many employers have a two-week provision in their policies believing they can legally require that; however, they cannot. However, you can use the two-week notice provision if employees want to be paid out for their paid time off bank or other elective benefits provided by the employer.

Arbitration Programs

Have an arbitration program at your workplace?

In Davis v. O’Melveny and Meyers, 9th Cir., No. 04-56039 (05.14.07), the 9th Circuit Court of Appeals ruled a law firm’s mandatory dispute resolution program for issues relating to employment with the organization. While the program included options for mediation and mandatory final and binding arbitration on claims against the firm, it exempted workers’ compensation and unemployment benefits as well as confidentiality issues. Dispute disclosure to third parties were written into the program as prohibited.

An employee for the law firm filed a lawsuit detailing the firm’s failure to pay her for overtime and work performed during meal and breaks periods. Because of the binding arbitration agreement signed by the employee, the courts ordered the matter to arbitration. On appeal, it was determined the mandatory dispute resolution program was “procedurally and substantively unconscionable” and therefore unenforceable.