DEFINITIONS
An employer cannot legally terminate someone:
In violation of a written or implied contract
For discriminatory reasons (race, gender, religion, etc.)
In retaliation (e.g., whistleblowing, taking FMLA leave)
In violation of public policy (e.g., refusing to break the law)
WHAT IS VIOLATION OF AT-WILL EMPLOYMENT?
How you as an employer can minimize employee dismissal costs.
What is hiring short-term contractors?
written or implied contract that limits the employer’s ability to terminate them without cause.
What are contractual rights?
Company falsely accuses employee of theft on bulletin board; employee wins $15.6M.
What is defamation liability?
critical to team performance, allowing employees—especially those from marginalized groups—to speak up without fear of embarrassment or retribution.
What is psychological safety?
A legal doctrine in U.S. labor law stating that an employer can terminate an employee at any time, for any reason, or no reason at all—as long as the reason is not illega
WHAT IS AT-WILL EMPLOYMENT?
How you as an employer can circumvent implying long-term employment.
What is avoiding vague promises?
acting honestly and fairly in employment matters
What is good faith?
Insurance firm calls ex-employee a “sociopath”—verdict: $1.9M in damages.
What is defamation liability?
requires removing structural barriers and ensuring that opportunities for advancement are tailored to address the historical disadvantages faced by underrepresented groups.
What is equity in the workforce?
An employer lays off 20 employees due to budget cuts and declining revenue.
WHAT IS A PERMISSIBLE EXCEPTION TO AT-WILL EMPLOYMENT?
How you as an employer can avoid complex terminations related to your brochures.
What is avoiding terms like 'permanent position' in your documents?
When employers fire employees in ways that are dishonest, malicious, or meant to deny benefits employees have earned.
What is bad faith?
employees forced to repeat defamatory reasons for dismissal to new employers; awarded $300K.
What is compelled self-defamation?
Known to drive both innovation and performance.
What is representation?
An employee is fired shortly after reporting homophobic slurs by a manager.
WHAT IS NOT PERMISSIBLE UNDER THE AT-WILL EMPLOYMENT DOCTRINE?
Providing a golden parachute for employees to retire early before mandatory layoffs are instituted.
What is soft layoff?
When employees do the following:
Refusing to break the law (e.g., won’t falsify records).
Performing a public duty (e.g., jury service, military service).
Exercising a legal right (e.g., filing a workers’ comp claim).
What is public policy exception to at-will employment doctrine?
A company’s refusal to comment on former employees may avoid some risks but creates others.
When included, builds high-impact decision-making committees and strategic planning sessions.
What are diverse voices?
An employee at a marketing firm receives a better offer and walks off the job the same day.
WHAT IS PERMISSIBLE UNDER AT-WILL EMPLOYMENT?
When employers are met with immediate loss of access to their emails and access to work materials.
What is a hard layoff?
When an employer makes the environment for their employee completely inhospitable and intolerable to work in.
What is constructive discharge?
Saying nothing externally limits due diligence for future employers.
What is the no comment strategy?
These business leaders demonstrate
Cultural humility
Emotional intelligence
Commitment to continuous learning
What are inclusive business leaders?