What Is an At-Will Employee?

The terms of your employment dictate how both you and your employer can act during the course of your job. In many cases, both you and your employer have largely unfettered freedom to do as you want. Here, you would be termed an “at-will employee,” and your designation affects your rights on the job. Still, you have some legal rights, and if they are violated, you have the right to file a lawsuit against your employer. You should speak with an employment law lawyer if you believe that your employer has acted improperly and how they have treated you.

How Does It Work When I Have an Employment Contract?

When you have an employment contract, you have certain rights and obligations. If you follow the terms of your contract, you have the right to expect that you will be continuously employed for the duration of your contract. At the same time, your employer has expectations of you that you must follow, or else you can face consequences. The employer may not be able to short-circuit your contract, but they can fire you for cause or if you do not follow the terms of your contract.

Most Employees Are Considered to Be At-Will

Employment contracts do not cover all employees. Many of them are considered to be at-will. When you are an at-will employee, you and your employer do not owe each other the same obligations. Either of you has the ability to terminate the relationship at any point, subject to a few limitations. By default, if you do not have an employment contract, you would automatically be an at-will employee under the terms of New Jersey law.

As an employee, you have the right to seek a new job, and you can resign from your current position at any time. Of course, there may be some restrictions on your future employment if you have signed a non–compete agreement. Nonetheless, you are not tethered to your employment for the duration of any contract.

Your employer also has their own freedom when it comes to your continued employment. They can terminate you at any time, and they do not need cause to do so. For example, if your employer decides that they no longer have a use for your services, you can be laid off from your job at any time, subject to your employer following laws such as the WARN Act. Your employer certainly can fire you at any time if they have cause to do so. Most workers in the United States are considered to be at-will employees because they do not have employment contracts.

Your employer can also change other terms of your employment at any time when you are considered at will. For example, your employer may be able to cut your pay and benefits. Under normal circumstances, if they do so, you do not have the right to sue.

Your Employer Cannot Discriminate, Even if You Are At-Will

Just because you are considered an at-will employee does not mean that you are without legal rights. Although your employer may have greater latitude to terminate you because you do not have a contract, they cannot fire you for whatever reason they want. They are still subject to both federal and state anti-discrimination laws. If your employer has wrongfully terminated you from your job, you can file a lawsuit against them. You can seek compensation for the damages that you have suffered, which can include:

• Lost wages
• Emotional distress
• Damage to your career and your earnings capacity
• Potential punitive damages if your employer has acted egregiously

Contact Our Bergen County Employment Lawyers at Carcich O’Shea to Protect Your Workplace Rights

If you have been discriminated against on the job, speak to our Bergen County employment lawyers at Carcich O’Shea. For an initial consultation, contact us online or call today at 201-988-1308. Located in Hackensack, New Jersey, we proudly serve clients in the surrounding areas.