ON THE JOB
Posted by Matthew Donahue on Mon, Aug 20, 2007 @ 05:22 PM
When you have been harmed you may have an action. If not, you generally do not.
But is that employee at will or under contract? This is becoming less clear in Massachusetts, and businesses and employees should hearken to this information and monitor their activity very carefully.
Generally, an employee is at-will, when employed without a contract. The advantage is the freedom to move on if an employee, and the freedom to replace for the employer. Hence either party may terminate the employment relationship at any time, for any reason - or not, so long as it does not violate public policy. However, manuals and policies as well as certain conduct may create an implied contract material that moved the employee into a contract status thereby giving him or her rights that an employer may not realize.
So some tips...
1. Review those manuals to strike any language that may imply a contract or that contains language that is inconsistent with "at will" employment status;
2. Review those offer letters, to make sure they are not a contract