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At Will Employment
Discussion
Due to the unpredictable nature of project-based research funding,
length of employment for NPC employees and the employee/employer
relationship should be unspecified, with no time commitments made or
implied. Accordingly, all applicants for employment should complete an
employment disclaimer form (otherwise known as an “at will”
statement). The
purpose of the disclaimer is to inform the applicant that their
employment will be “at will," is not for any specific duration,
and may
be terminated at any time without cause, and with or without advance
notice. A disclaimer form can help avert claims of wrongful
discharge.
Continued employment of all NPC employees should be conditional
upon many factors, including performance and availability of
appropriate work and funds. Any oral or written statements or promises
to the contrary by a PI, supervisor, director, or employee of the NPC
are not binding upon the NPC, unless it is confirmed in writing and
signed by the executive director. The provision of benefits does not
constitute a promise of employment. The Employment Request Form or hire
letter does not constitute an exception to the "at will" policy.
An "at will" policy should be included in your employee
handbook and reiterated regularly in interactions with employees.
The “at will” policy does have exceptions and legal limitations.
Although employers may terminate “at will” employees at any time, they
cannot fire employees for an illegal or discriminatory reason such as race, creed, sex,
color, national origin, religion, age, marital status, physical or
mental disability, union activity, sexual orientation, pregnancy,
medical condition, parental status, or military status.
Also, some states have "at will" statutes and
regulations. Know your state rules!
Sample Employment Disclaimer Form
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