Legal Question in Business Law in Massachusetts

Please explain "at will" employment and alternatives

Looking at a contract I'm required to sign for a new job, I became puzzled after reading a paragraph dealing w/ my status as an "at will" employee.

Can someone please explain what it means to be an "at will" employee and what other alternatives there are to this status of employment?

Thank you.


Asked on 4/16/98, 2:36 pm

3 Answers from Attorneys

Thomas Workman Law Offices of Thomas Workman

What is an "at will" employee

An "at will" employee is an employee without an employment contract, basically. You can be terminated for any reason, or for no reason. You can quit for any reason, or no reason.

You don't have a lot of leverage in most employment situations, in that if you attempt to negotiate the terms, many employers will not go through with the hire... and the bigger the employer, the more likely that is the case, in general. Read the other terms of the contract carefully, to see what rights you have in this arrangement. If you are really concerned, contact an attorney. You can gain a great deal of peace of mind for a small legal fee for a half hour of time...

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/04/98, 2:16 pm
Alan Pransky Law Office of Alan J. Pransky

At will employment

Massachusetts is an at will employment state. This means that an employer can firean employee for any reason that is not specifically prohibited by statute. In otherstates, an employer can only fire an employee for good cause. The "at will" statuscan be changed by agreement. This paragraph indicates that there is no agreementthat changes state law from the "at will" status.

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Answered on 5/05/98, 10:18 pm

The fact that they want you to sign this makes me wonder.

That clause does little (as other answers have told you) to change status quo, but the fact that they ask you to sign the agreement makes me wonder what else, what other clauses, they might have in there.

Do you want to fax me the agreement? My fax number is 617-527-1763. Be sure to include your name, address, phone number(s) (with suggested times to call, any time of day or eve), return fax # if you have one, your start date (if they say that they require this then), and your e-mail address.

I'll at least be able to tell you if something strikes me as funky. (You'll probably take the job without fussing over the contract anyway, so don't get too nervous about this.)

Meanwhile, please keep in mind that I am not your attorney, since we haven't met or talked and I have not been indoctrinated into your case with much in the way of facts, and I therefore have not taken on any responsibility or duties to you as of this time.

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Answered on 5/06/98, 10:59 am


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