Who the hell is Mr. AT WILL?

20/20 reflected hard-hitting failures accompanied by should have done it yesterday needs for critical change always swept under the rug in the employment sector, most often due to the exploitation of human capital, not the equitable treatment for human beings.

Barely able to survive, living paycheck to paycheck or less, the pandemic decimated millions. Reformers played chicken, making the sector's most-at-risk segment (workers) collateral damage. Fast forward, our fears haven't lessened but increase as mass resignations and terminations become an unwelcome consequence of avoidable issues.

Ever present, a commonly known, ambiguously hiding in plain sight character impacting millions, AT-WILL EMPLOYMENT. Yes, Mr. AT WILL.

At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.

At-will also means that an employer can change the terms of the employment relationship with no notice and no consequences. For example, an employer can alter wages, terminate benefits, or reduce paid time off. In its unadulterated form, the U.S. at-will rule leaves employees vulnerable to arbitrary and sudden dismissal, a limited or on-call work schedule depending on the employer’s needs, and unannounced cuts in pay and benefits.

At-Will Employment - Overview (ncsl.org)

For some, this is an introduction, others an old acquaintance. Regardless, this courtship is often unrequited, and the breakup can be ugly. If you reside in the U.S. and this is your first time hearing the term, trust it will not be your last. Imagine, fired for no good reason, and it's legal. Yup, let that sink in.

Now that you're conscious again, we can briefly unpack this.

This agreement (cough! entitlement) is multi-faceted. There are some exceptions:

• Public Policy

• Express or Implied Contracts (including union membership)

• Good Faith

Or state and federal anti-discrimination laws: (see EEOC).

SHRM’s article, 'Employment at Will' Isn't a Blank Check to Terminate Employees You Don't Like, references an employer openly admitting to sometimes firing staff for no cause, merely for their personal belief, sound familiar? In addition, Human Resources experts sound off on at-will employment with sage advice.

Finally, the folks over at Betterteam devoted an entire webpage on the subject with definitions and state information. After reading their 10 Common Exceptions to At-Will Employment and FAQ, let’s just say Montana deserves a closer look.

Like symptoms of any unhealthy relationship and a bad breakup, the assumption of mutual benefit related to at-will employment only works if reciprocation ever exists. Far too often do we see employees fired without cause at the leisure of employers for nonsensical offenses:

• Rejecting Advances

• Refusing Criminal Activities

• Intimidation

• Favoritism

Some employers monopolize industry statistics, more job seekers than employment opportunities, using their businesses as a revolving door for talented workers to be mistreated or worse. We can only imagine this doubling or tripling in the food service, hospitality, warehouse, or labor industries (adding medical).

So, why bring at-will employment to your attention?

1. Preparation, Workers are essential in any business until their immediate value deems otherwise (i.e., seasonal employment, crisis workers). Job security is as stable as your current passcode. Can we say hacker.

2. Planning, Everyone must have a backup plan. Again 20/20 opened our eyes - NO ONE is safe. We are all subject to termination. Better yet, have several options available at the ready.

3. Mindset, Losing your job is devastating, but it is not the end of the world.

   • THINK OUTSIDE THE BOX, Apply for jobs outside your comfort zone

   • USE WHAT YOU HAVE, Harness hidden skills for a fresh start

   • YOU ARE THE ANSWER, For some venture into entrepreneurship.

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In haste to obtain gainful employment, we often overlook the small print in agreements and contracts. Vital for every (potential) employee to understand the laws and policies affecting them in their industry.

Hopefully, this is the start to improving your independent search for knowledge on the employment sector (industry) in your journey to successful employment!