In all states but Montana, employees are generally considered to be have “at will” employment meaning that either party (the employee or the employer) can terminate the employment relationship at any time, with or without notice, and for any reason or no reason at all (outside of reasons prohibited by law). Most employers have established policies to create the at will employment as it is beneficial both to the business and the employees. In other cases employers create employment contracts with employees which generally specifically address reasons for termination and how a termination should be handled. Continue reading
Filling open positions in your company is a demanding job, requiring a great deal of time to research and create the job description, recruit and screen candidates, and put together an attractive offer for the best person for the job.
The hard work isn’t over when that great candidate says “yes.” A new employee’s first 90 days on the job are a crucial time for learning, acclimating and determining if there’s a good fit between the person and the position. Fortunately, there’s a lot your business can do to take full advantage of this important period of time. Continue reading
Before I hire a new employee, I usually give that person a written summary of the specifics we have discussed during the interview. I include such things as pay, starting date and benefits. Now I wonder, am I creating a contract by putting a job offer in writing?
Depending on the content of your communication, it’s possible you may be creating an employment contract or documenting elements of an employment contract.
Keep this in mind: Every new employee who begins a new job has a contract of employment. Usually the terms of this contract are made up of overt and implied oral promises which a supervisor or manager has made to the employee, statements in the application form and in the employee handbook, and commonly accepted practices in the workplace. So anything about conditions of employment that someone in authority in a workplace puts in writing and gives to an employee can create terms of an employment contract.
Do you have the word “permanent” in your employee handbook? As in “permanent employee”?
If so, take it out as fast as you can.
Unless, of course, you truly want to promise your employees permanent employment.