Most employees are hired as employees at-will. Being an at-will employee means that an employee can resign at any time with or without a reason. Additionally, an employer can terminate an employee at-will, with or without notice, for any reason or no reason at all, so long as the reason is not a violation of the law (i.e. discrimination or retaliation).
An employee may be provided an offer letter which outlines the proposed terms of employment which in an at-will relationship can be altered at any time.
An employer may request that employees sign documents, including but not limited to:
If an employer provides a contract that alters the at-will status, an employee should have the contract reviewed by an attorney.
Before starting a job, an employee may be required to undergo drug testing and/or a background check.
An employee may be provided a handbook-which is NOT a contract but merely contains the policies of the employer.
If you're starting a new job and have been asked to sign an offer letter, arbitration agreement, or non-compete clause, it’s important to understand your rights before signing. The employment law team at Wilentz, Goldman & Spitzer P.A. can review your documents and advise you on how to protect your interests. Contact us today for a confidential consultation.
Review pay, bonus terms, benefits, job title, duties, start date, at-will language, remote-work terms, arbitration clauses, confidentiality rules and any non-compete or non-solicitation obligations.
An arbitration agreement may require employment disputes to be handled outside of court. It can affect where claims are heard, procedures, costs, confidentiality and appeal rights.
Often, yes. Candidates may be able to negotiate pay, bonus language, severance, restrictive covenants, start date, remote work, title or other terms before signing.
At-will language usually means either the employee or employer can end the relationship without a fixed term, as long as the reason is not unlawful.
It depends on the documents. Routine onboarding forms, such as Form I-9 or tax withholding forms, may need to be completed promptly. Agreements that waive rights or impose restrictions, such as arbitration, confidentiality, non-compete or non-solicitation terms, should be reviewed before signing.
Meghan Chrisner-Keefe
Counsel
Stephanie D. Gironda
Counsel
