Employment at Will, Employee Contracts

What is “employment at will”?  This is the most basic aspect of employment law, and one that every employee (and employer) should understand.  Most basically, an “employee at will” can be fired at any time, while an employee under a contract generally may not.

Employment at Will

When an employee is hired in the District of Columbia (as in many states), chances are that the employee is an employee at will.  This means that in D.C. an employer can generally fire or lay off the employee at any time, and for any reason at all (so long as that reason does not violate some other law).  It also means that the employee can voluntarily end his or her employment at any time.  This way, when it comes to “employment at will”, the ability to terminate the employer-employee relationship at any time is a mutual one.

Employment Contracts

Of course, not every employee is an employee at will.  If an employee and an employer entered into an agreement (a contract) that the employer will hire an employee for a particular period of time, the employer cannot fire the employee at any time.  Similarly, the employee cannot leave his or her employer until the expiration, or other termination of the contract.  

While many people believe that a contract is some mystical, official document that must be signed by the employer and the employee, that is not always true.  An agreement for employment (and therefore an enforceable contract) can arise even if there is no writing, for example, when an employer and employee verbally agree that employment will last for a particular period of time.  Sometimes, even when the employer and employee do not specifically agree to employment for a particular time period, the court may find that the parties had an implied contract. 

Employment at Will Summary

The point is this: if an employer and employee have a contract for employment (written or oral, express or implied), the relationship is no longer “at will” and the employer cannot fire the employee at any time without incurring liability.  The details of every employer-employee relationship are absolutely central to determining whether the employee has a right to be employed for a particular period of time, or can be fired at any time.

If you have any questions about your employment status, and about your employee rights, our Washington, D.C. employment lawyers are here to assist you and address your concerns.  Please do not hesitate to contact our employment law firm for a consultation.