Library

February 2, 2004

Astron Additions and Alterations

Over the next few months, you'll see a changing face at Astron Solutions.

It is with great sadness that we mark the departure of Gabriel Squailia, Research Librarian and Astronology writer. Gabriel, who has been with us for a little over a year, will be moving back to Great Barrington, MA to fill the role of Development Director for a non-profit youth arts foundation. We will miss Gabriel's dedication, eye for detail, and sense of humor! We wish him only the best in his new endeavor. Gabriel's last day will be February 12.

In the next issue of Astronology we'll introduce you to our new Writer / Marketing Coordinator, Sharon Terry, who joins the Astron family on February 11!

Over the last few months we've been working on a major redesign of the Astron website. We heard your comments, appreciate your feedback, and have developed a fresh new look for our site! Finding the information you need will be easy and intuitive. If you haven't already, you'll want to be sure to bookmark our site today!

The new site should be live for the February 16 Astronology. After you've read the 2/16 issue of Astronology, take a tour around www.astronsolutions.com, and let us know your thoughts!

While there are many exciting changes in the works at Astron Solutions, one thing will continue to remain the same - our dedication to high quality, low cost services for our clients and Astronology readers.

The Winners of our "Guess the Feet" Contest

Congratulations to the two winner's of our last issue's "Guess the Feet" contest!

Erika Buck, of East Jefferson General Hospital, Metairie, LA, and Lisa Johnson, of Kalamazoo Community Mental Health Services, Nazareth, MI, both guessed the feet in the correct order.

Theirs was no small feat (pun intended), given that neither Erika nor Lisa has met the entire Astron team.

Here's the retake of the photo, and correct answer:

From left to right, the Astron team is

Roger O'Connor
Jennifer Loftus
Michael Maciekowich
Jason Mitchell
Gabriel Squailia

What You Need to Know About Employment at Will

Employment relationships in America fall into two legal categories: at-will and just-cause. At-will employers may, in theory, fire anyone at any time, while employers governed by just-cause employment law must demonstrate a just cause for termination.

In this Astronology, we explore the restrictions and exceptions to at-will employment, and provide a sample policy to firmly establish an at-will employment relationship.

At-will employment in America has roots in British common law, and legal origins in the late 19th century. As stated in an 1884 case, the at-will doctrine held, "All may dismiss their employees at will, be they many or few, for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of legal wrong."

Today, most states recognize some version of this at-will employment law. Our current understanding of at-will employment allows either employer or employee to terminate a working relationship at any time; modern-day employers are still entitled to fire their employees for any reason or none at all, with a number of exceptions:

Employment contracts supersede at-will employment laws, making a legally sound just cause the only acceptable rationale for discharge.
Employees may not be fired for engaging in union activity. Union employees are not subject to at-will employment laws.
Any firing linked to a protected class is unlawful, including firings linked to race, color, sex, national origin, use of a language other than English, age, disability, and, in some jurisdictions, sexual orientation.
In many states, an employer may not violate an explicit, well-established public policy in firing practices. Whistle-blowing, filing worker's compensation claims, and giving court testimony unfavorable to an employer are all protected under such laws.

Another exception, recognized in thirty-eight states, involves implied contracts, which can be invoked by oral or written representation to employees regarding job security or standard disciplinary techniques. When a manager tells an employee that his or her job is secure as long as the work is done, the manager may be creating a legally binding employment contract. In addition, some courts have found that disciplinary procedures detailed in an employee handbook create an implied contract, as they establish steps before which termination may not occur.

The Society for Human Resource Management (SHRM) also discourages probationary periods, as courts have required employers to show just cause for termination once a probationary period is over.

Finally, a handful of states require a covenant of good faith and fair dealing of all employment relationships. In these states, all employers must demonstrate just cause for termination.

If yours is an employment-at-will state, a well-designed employment-at-will policy in an employee handbook or new hire packet can cement your organization's policy. Here's an example:

Employment at [XYZ Company] is at-will for an indefinite period of time, until terminated by either [XYZ] or the employee, with or without cause. That means either party may end the relationship.

No written or oral representation by [XYZ] management will create a contract of employment. No employment practice of [XYZ] is intended to create a contract of employment. No changes in [XYZ]'s employment-at-will policy will be effective unless executed in writing and signed by an authorized representative of [XYZ].

[XYZ]'s employment guidelines are intended only as an explanation of its employment practices, benefits and a general guide to working for [XYZ]. They do not represent contractual terms of employment. Despite anything that the employee may read into any [XYZ] material, employment at [XYZ] is strictly at-will.

Management is entitled to modify, revoke, or replace any policies and procedures at any time. None of [XYZ]'s policies are meant to serve as an employment contract.

Employees are expected to behave in a manner consistent with existing policies and codes of conduct.

Reader Poll Archive

Wonder what your fellow readers think about critical HR topics? Is your organization unique from or similar to others?
Click here to view the results of our past polls!

Have a Question?

If you have a topic you would like addressed in Astronology, or some feedback on a past article, don't hesitate to tell us! Simply reply to this e-mail. See your question answered, or comments addressed, in an upcoming issue of Astronology.

Looking for a top-notch presenter for your human resource organization's meeting? Both Jennifer Loftus and Michael Maciekowich present highly-rated sessions on a variety of compensation and employee retention issues. For more information, send an e-mail to info@astronsolutions.com.

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ISSN Number 1549-0467