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The Buck Stops … Where? Understanding Co-Employment
In 2016, New York State Attorney General Eric Schneiderman petitioned the state’s Supreme Court, alleging that Domino’s Pizza was a joint employer...
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At-will employment basically means that the employer or the employee can terminate their relationship at any time, for any reason.
What this says versus what it really means often leads to misunderstanding among employers. Does this mean you can arbitrarily fire an employee without documentation, without a reason? Nope. And even if you document every detail, it still may not land in your favor.
Write a company policy that explains at-will employment. Include it in your employee handbook and indicate that poor performance will lead to general disciplinary action.
Be consistent in the application of your policies. Businesses get into trouble when they don’t deal with all employees in the same manner. If you have a discipline policy, apply it fairly and consistently.
Establish “just cause” for termination. It's time-consuming, but not impossible. Employers should implement the following progressive discipline best practices to ensure the best possible result in the event of litigation:
Learn more about the states that have exemptions to at-will employment (a full list is available from the National Conference of State Legislatures). The exceptions include the public policy exception, the implied contract exception and the covenant of good faith exception. It's in your best interest to read more and understand the specific laws in your state.
Stay up to date with employment law. Our HR On-Demand offers 24-hour access to seasoned HR professionals who can answer the questions you have about your business.
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In 2016, New York State Attorney General Eric Schneiderman petitioned the state’s Supreme Court, alleging that Domino’s Pizza was a joint employer...
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Welcoming a new employee comes with the necessary hurdle of onboarding paperwork. The I-9 form is often the launching point for documenting the...