At-Will and For Cause Employee: Legal Issues

          If you are looking for a job and you are currently working in a company, you may have already heard or read on employment contract the terms of “At Will” or “For Cause” employees. But what does it mean? What are the legal implication f you are in one of these two positions?

          First if you are an “at will” employee it means that you or your employer can terminate your contract on a moment's notice for any reason, good, bad or indifferent, or even for no reason at all. Unless the termination violates federal or state law, company policies, or an implied contract, there is very little chance that an “at will” employee can challenge successfully such action. While “for cause” employment it is strictly the opposite. In this case the employer cannot dismiss the employee without a legitimate reason, hence the term for cause.

          What are the situations when your employer cannot legally dismiss you? First your employer cannot discharge you if your company's employment policy requires for-cause justifications for firings. Second if you have a contract, which can be implied, oral or written, with the employer that stipulates such a provision. Third your employer cannot fire you if you are a member of a labor union and protected by a collective bargaining agreement. Fourth case if you are a government employee under the protection of civil service laws. No termination can occurs also if your state’s law prohibits at will terminations. Eventually you can challenger your firing if your termination would violate protective state or federal law such as whistleblower's protection, civil rights, age, or disability protections. The term whistle-blowing refers, typically, to workplace safety violations of the employer for which a complaint is made by the employee to the employer or outside government agency. The employee is protected from retaliation by the employer.

          Keep in mind “for cause” employment is either recognized in a written employment contract or, second case, in some states, your boss's verbal statements, such as “You'll have a job here as long as your performance is satisfactory”. So even if it is not stipulates in your contract you can be a “for cause” employee. The opposite is always true. Therefore you should be cautious and know your employment status. Check out our Employment Law And References - employment laws for sexual harassment .

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