Employment at will is a legal doctrine in the United States under which an employee can be dismissed by an employer for no reason that amount to an illegality. On the other hand, an employee can also resign or quit a job for any reason at all as well. In this article, we shall explore what we consider from hiring at-will employees, as well as what we think of the decision in the aid of the general aspects of the issue.
The Benefits of Hiring At Will Employees
2. Flexibility
Employment at will works to the advantage of employer because it allows the organization to change its employees any time without the issue of contract hindering such action.
This can be particularly useful in the given context in those spheres of economy where the demand is unstable or in cases when companies should adjust themselves quickly.
3. Competitive Edge
Contracting at-will employees can itself help your business to remain competitive by providing you with greater freedom to acquire as well as retain talented employees who may not able to offer their services under normal long term contracts of employment.
This is particularly so given that talent is often scarce while organizations are ever in Competition for talents, especially in certain industries.
3. No Penalties for Terminations
This implies that employers are not legally bound to facing consequences for terminating employee’s contracts except if the termination is a case of employment discrimination, retaliation or violation of public policy.
This brings some measure of assurance and security to business entities and also offers the advantage of achieving modifications where required within the shortest time possible, without much implications of the law.
Disadvantages of the At-Will Employee Population
1. Employee Turnover
The problem with at will employment practice is that it has an increase in employee turnover rate that is typical of the employment practice.
Workers may move to other opportunities, thus reduces efficiency and make organizations-cycle through new starters.
2. Unpredictability
This means that position of the employees does not have security and stability since the employer can easily fire them.
The uncertainty may develop a negative organizational culture and drag down the morale, as well as the productivity, of the employees.
3. Legal Risks
This however should not be the case, because while dismissing at-will employees, an employer is protected, there are still legal implications that one can face.
Employees can still sue under employment discrimination, wrongful dismissal or violation of public policy, which are still expensive in defending in court.
Minimising Ethical Employers from Hiring Workers under the At-will Doctrine
1. Employment Contracts
We could draft employment contracts to define the scope of work or the nature of work to perform by an employee, the remuneration to be paid to that employee, and sometimes, the duration of the employment contract.
While these may be favorable in that they ‘free’ up both the employer and the employee to some extent in avoid the pitfalls of the at will regime, these contracts are often more expensive and take more time to negotiate and, in some cases, to enforce.
2. Statutory Employment
Within some of the contexts of U.S. legislation, employees are known as “employees at-will” which means that an employer can dismiss an employee at any time without any reason and vice versa, unless the employment contract was in writing.
Such a solution may help preserve a degree of protection to the employer and the worker, and translate into some stability of the employment relationship.
3. Implied Contracts
An example of an implied contract is one where there’s no written contract but terms were agreed in words where there is employer’s policies and procedures.
Concerning the implied contract, the employers should beware of them because they deprive employers from dismissing employees and entail certain legal liabilities.
Conclusion
To summarize, the decision whether to embrace at-will employees is, in fact, up to your company’s needs and values. But there is a slight advantage that comes with at will employment flexibility and cost and it’s important to consider the risk and disadvantage that goes with it. In case you are willing to hire at-will employees, there are a few things that you need to know which may affect your business operation.
You should also consider other approach such as the use of employment contract or statutory employment so as to balance flexibility and stability and predictability. In any case, awareness of the at-will employment concept and optimal procedures for adequate employment relations can help a great extent towards safeguarding your business and achieving a successful employment.
