Employment Agreements – Employment At Will

Employment At Will

The doctrine of employment at will generally states that an employment relationship may be terminated at any time by either party. In the absence of a collective bargaining agreement or other contract, the employer may discharge an employee at any time for any legal reason, or for no reason, with or without notice. Likewise, the employee may resign at any time for any reason, with or without notice. Minnesota follows this general rule.

The employment at will relationship can be contrasted with a contractual relationship, in which the rights and duties of the parties are governed by specific contractual provisions. The courts in recent years have identified several situations in which an employment at will relationship is changed to a contractual relationship, or where for public policy reasons the employment at will rule will be disregarded.

An employment law attorney is a very helpful resource when trying to interpret which relationship exists between your company and it’s employees. When considering termination of an employment, it is wise to receive the advice of an employment attorney to reduce the risk of said employee bringing a lawsuit.