Loading...

Run: At-Will Employment Policy

This at-will employment policy template defines the employment relationship, states that the handbook is not a contract, and sets a written-only process for ...

Fill this out, get a PDF emailed to you. No sign-up required. Want to run it with your team and track results? Sign up free →

Purpose

This policy explains the company's at-will employment relationship and clarifies that the handbook is a general guide, not a contract of employment. It also describes how any exception to at-will employment must be documented in writing. This policy is intended to support consistent employment practices while preserving rights and obligations under applicable law, including the **EEOC**, **FLSA**, **NLRA Section 7**, and any applicable state-law exceptions.

Scope

This policy applies to all employees, including full-time, part-time, temporary, and probationary employees, unless a separate written agreement approved by an authorized company representative states otherwise. **Applicable jurisdictions:** United States operations, with state-specific carve-outs where required by law. **Applicable roles:** All employees, managers, supervisors, and HR personnel.

Definitions

For purposes of this policy: - **At-will employment** means either the employee or the company may end the employment relationship at any time, with or without cause or notice, subject to applicable law. - **Handbook** means this handbook and any related policies, procedures, or guidance. - **Written exception** means a signed document that expressly states an exception to at-will employment or another handbook disclaimer. - **Authorized company representative** means a person with express authority to approve employment agreements or policy exceptions. - **Applicable law** includes federal, state, and local laws governing employment, discrimination, wage and hour obligations, leave rights, and protected concerted activity.

Policy Statement

Employment with the company is **at will** unless a written agreement signed by an authorized company representative expressly states otherwise. This means: - The employee may resign at any time, with or without notice. - The company may terminate employment at any time, with or without cause or notice, subject to applicable law. - No manager, supervisor, or employee has authority to create an exception to at-will employment unless the exception is documented in a written agreement approved by the company. - Nothing in the handbook creates a contract, guarantee of continued employment, or promise of specific treatment, discipline, or termination procedures. - The company may revise, suspend, interpret, or discontinue handbook policies at any time, with or without notice, except where prohibited by law.

Procedure for Exceptions and Written Agreements

Any exception to at-will employment must be documented as follows: 1. The proposed exception must be reviewed by HR and, when appropriate, Legal. 2. The exception must be reduced to writing and clearly identify the specific policy or at-will term being modified. 3. The written exception must be signed by the employee and an authorized company representative. 4. The signed document must state whether it supersedes the handbook, applies only to a specific role or term, and whether it expires on a stated date. 5. HR must retain the signed document in the employee's personnel file or other approved recordkeeping system. Verbal statements, informal emails, performance discussions, offer conversations, and prior practice do not create an exception unless the company confirms the exception in a signed writing.

Roles & Responsibilities

**Employees** must review the handbook, ask questions if they do not understand the at-will relationship, and rely only on written agreements signed by an authorized company representative. **Managers and supervisors** must not promise continued employment, a guaranteed term of employment, or a specific disciplinary process unless authorized in writing. **HR** must ensure handbook acknowledgments are collected, maintain signed exceptions, and coordinate review of any proposed deviation from at-will status. **Legal / Compliance** must review proposed exceptions and jurisdiction-specific language where required. **Policy holder** must ensure the policy is distributed, acknowledged, and updated in accordance with the review schedule.

Compliance, Discipline, and Legal Carve-Outs

Violations of this policy, including unauthorized promises of job security or unauthorized written commitments, may result in corrective action up to and including termination of employment. This policy does not limit rights protected by law, including: - **NLRA Section 7** rights to engage in protected concerted activity. - **EEOC** protections against discrimination, harassment, and retaliation under Title VII and related laws. - **FLSA** wage and hour rights, including overtime and minimum wage requirements. - **FMLA** leave rights for eligible employees and qualifying reasons. - **ADA** rights to request a reasonable accommodation through the interactive process. **California employees:** Nothing in this policy is intended to waive rights under California law, and any handbook disclaimer must be consistent with California contract and employment law. **New York employees:** Any whistleblower-related rights under **NY Labor Law Section 740** remain protected. **Washington employees:** Paid sick leave rights under **RCW 49.46** and related regulations are not affected by this policy. **Illinois employees:** Scheduling and rest-period requirements under the **One Day Rest in Seven Act (820 ILCS 140/)** and related wage-hour laws remain applicable. If a conflict exists between this policy and applicable law, applicable law controls.

Review & Revision

This policy will be reviewed at least annually and updated as needed to reflect changes in law, business practice, or organizational structure. The policy holder is responsible for ensuring revisions are approved, dated, and redistributed when material changes occur. Any revision that affects the at-will disclaimer or exception process must be communicated to employees and acknowledged where required.

Get your results

Enter your email — we'll send you a PDF of your filled-out template. We won't sign you up to anything; you can opt in to the trial from the email if you want.

Generated with MangoApps Templates — browse 240+ free
Ask AI Product Advisor

Hi! I'm the MangoApps Product Advisor. I can help you with:

  • Understanding our 40+ workplace apps
  • Finding the right solution for your needs
  • Answering questions about pricing and features
  • Pointing you to free tools you can try right now

What would you like to know?