My experiences with "At Will no contract agreements" the document has always stated that the employer is able to fire any reason or no reason at all, with or without notice.
I reported suspected sexual abse 12 yrs ago at a group home where i worked as a counselor. 3 other staff agreed but I was the only one to report it. My supervisor asked who filed and I admitted it was me. I did not know my rights as a mandated reporter and was fired.
I was fired at will and our hr person is the husband of the director . I had zero write ups or verbal warnings. The director was the one bullying and harassing me. She is a Narcissist and it was the most toxic place I have ever worked. !
I'm in Canada. So my knowledge of at will employment is essentially just what I hear on the internet. I assumed it meant you could be fired without cause for any reason, except for federally protected reasons. Like you can't be fired for race, gender, etc. I'm at 1:20 into video. Just thought you would want the comment before I watched the rest of the video.
I thought I it was corporate puffery that was probably superceded by Federal Law. However I was not certain of this, and if one refuses to sign the offer of employment would be retracted. It scared the majority of employees.
Oh of course off is rescinded It’s like trying to work at a union shop without being a union worker Ur always very replaceable, remember that Find a niche skill n stay self employed
As a European I am baffled at this law. So nobody in America can notice the obvious power imbalance between an employee and an employer? Seems like a law to put poor people in their place and shut them up.
I love the way you put it! Here where I am, HR makes sure to tell you verbally that it is AT-Will employment and you can be terminated at any time with or without cause, then ask you if you understand. Years ago I started responding with "I understand, I can quit at any time, with or without cause." HR always gets nervous after hearing me say that and asks "Is that something you are going to do?" To which I respond "Depends on management. If management mistreats me then I'll go find somewhere else to work. Do you have bad management?" At this point I watch the HR person closely, See how they respond. It's amazing how, when there is bad management, the HR person will be nervous. lol
Have them explain the without cause part, cause it sounds like retaliation or a multitude of other stuff. I guess when you feel it's time for me to go, I won't be signing anything or doing an exit interview because the time to fix things were in the past.
Human Resources solely exists to protect company management. That means protect them from their own employees. They are not your friend and they are never on your side.
At-will employment to me, makes me feel like we don't have any rights as an employee. It makes me not want to work as hard. I can't even enjoy my day off without them pestering me to work. All I ask for is 4th of July off and gave a 2 months notice. They didn't even give me that.... We are slaves to society in all honesty. No wonder nobody puts in 100% anymore. I live by this modo now "You want me to perform extra, pay extra." No free rides no more.
Agreed. I see “At-Will Employee” in my employment agreement, then I don’t do more than the bare minimum. Hell, I sometimes even see how far I can go and how much I can get away with until they fire me.
Technically speaking I only get my days off because my body literally can’t cope with working some times(not as bad to be classified as chronic yet but yeah I have had this for like 2 years now)
@@boinqity4621 if you think about it if you dare to stand up to your boss you are punished through a write-up or termination and they will wrongfully classified under and support a nation. Boss is expect us to bow down to their every win and to dare not raise our voice to them or to voice any opinions or else they will punish us. When factory workers want to unionize they were actually met with violence. Workforce is claim cutbacks while making insane amounts of profits. The reality is they want to cut the workforce back to see how very few people they can get to do the job of many so they don't have to pay as many people to do the same job. I work at a job where it's just the shift manager and me and we are expected to run the register and to stock the entire store on every shift. I may be only get 60 seconds to 5 minutes away from my register to try and help my shift boss pull up a thousands of different small items from a box in the store.
I live in Arizona and work in the clinical research industry, and all I hear from management is, "I can terminate anyone's employment at anytime be cause we are an at will company." This leaves employees running scared. I was terminated for missing a weeks work for being in the hospital with Covid. I provided Dr and hospital notes, and their excuse was that "we are an at will company." Managers MUST be educated on this true meaning
anything in the pharmaceutical, health and clinical industry is an abusive environment in general. They know you cannot do anything else with the degree that is why it is so controlling.
People seem so very confused. In most cases, the employee isn't going to abruptly quit a job because, in doing so, he or she will be waiving his/her chances of collecting unemployment benefits. Essentially, the AT-WILL employer is saying, "I can cheat, but you can not!" I've seen this tyranny going on for far too long! There should be no such thing as at-will employment and you know it!
Right it needs to go it won’t make much of a difference 9 times out of 10 most employers will have a justifiable reason to fire you anyway. it would only cover them lying about firing you for no reason, discrimination, and whistleblowing. People saying their government does it does it cause it would cost to much, would you really wouldn’t,only a few select cases. I understand life isn’t always fair but this goes above and beyond that.
@@vinyl6668 Satanists are all the same. They cry about an unjust God, but they are vicious when they have the upper hand. Prove your case! Prove you don't deserve to be treated unfairly by treating others with fairness. Every satanists I've ever met always tries to hurt other people in some way, and/or to dominate them. Prove your case by fighting against torment. You can lie to yourselves all you want to, but when your number is up, you'll be answering to someone for the crimes you commit on earth.
Within my "At Will" employee experience, it's not over until I am completely satisfied its over. I take the law and my rights very seriously, i know my rights and i exercise them often. I research everything, even now that I am retired.
Women have more rights or boss//owners are more afraid so better outcomes. Been a man in labor force 60 yrs. It's start over every five years at the latest. 401k vesting goes to 40% also. Cheaper to get you gone. The man worker gets little backing.
My assumption of what at-will was pretty accurate to yours, which I was trying to correct people of the proper definition. They thought at-will was to include those protected classes, making them no longer protected. However, I know employers will try to terminate for ridiculous reasons, even though the underlying issue would be protected classes.
I'm from Trinidad and Tobago and when US companies set up in our country they try an import this "at will" concept which does not apply here. Here, an employer can only dismiss with cause and after following the principle of natural justice. Even then it is expected that progressive discipline will be applied first in most cases. Join a union and get organised is the answer to at will contracts.
"At-Will employment" is the reason that I don't socialize with my co-workers or supervisors. I say the "bare minimum" to these individuals. I eat lunch outside of company property, so I don't get in trouble "at work" -- even when I'm off-the-clock. I keep my head down, I don't rock the boat, and I don't stick my neck out.
Sounds like you should look for a better job. 9 times out of 10 employers will have a justifiable reason for you. For the most part as long as you do as you’re told and keep on track I got nothing to worry about.
Employers love this law, but hate it when it's used against them. I'm a school worker, teachers are not at will but I did get a job as a seasonal cashier for a supply store. I just quit one day when I didn't feel like I was being respected.
Thank you so much for explaining this. I think they intentionally make it sound like they can fire you for any reason at all so employees won't fight back when they're terminated unfairly.
I am in Texas. I was fired for going into the warehouse after business hours. My manager had given me permission. My reason was simple. I would go in after hour to make sure certain machines were working properly. I had been at this company for 20 years, with a good attendance and no disciple occurances. Because of at will hire I was fired. This video is so helpful that I wish I was from California. You have great charisma, and I believe you sincerely want to help. I am 61 years old and obviously there's more to my story. Thank you. I was fired march 31,2022. Is there a time limit to the
A quick search for Texas statute of limitations for wrongful termination is 180- (in some cases) 300 days to contact Texas Workforce Commission (TWC), then an attorney can file a suit within two years. Call some Texas employment attorneys since the clock is ticking.
I’m suing my texas company for 3 counts in federal court as we speak. Violation of my rights under fcra and flsa retaliation and wrongful termination, fmla retaliation and interference, and ffcra unpaid wages. I was side lined for 7 months after staying home with covid positive daughter, and I was pushed out once i complained after being assigned. Texas is a dirty place to live and work.
@D C With something like this getting the manager under oath that he authorized entry seems like the beginning and then the company if they want to persist in fighting it deals with a subpoena for records. BTW, now you got me thinking of The Office episode on ageism- Jan: I hope he’s gets hit with an ageism suit. Michael: What is that… word? Jan: Ageism? Companies they can’t discriminate against people due to old age. Like a couple years ago we tried to force out some of the older branch managers with a mandatory retirement age and then Ed Truck, your old boss, threatened us with a lawsuit, so we had to back off. Michael: So older people have just as many rights as younger people? Jan: Yes, Michael, they do.
Of course it's not fair for the employee. It was written for the benefit of the employer who campaign contributes to politicians. But at the end of day I have to agree with most of at will employment laws. A bad employee can ruin a business and harm the productivity of others. I am not an employer but I believe no one is entitled to a job.
Counselor, as a 65 year old man who’s been blindsided and died on the hill of at will employment more than once in my day, at will terminations are far more often arbitrary than causal.
At Will = either party can terminate, but likely employer has the more powerful ability to terminate. This is a very helpful, organized, easy to follow video. Great job.
Thank you for this one, Branigan. Now I understand why and how my employer is walking the tightrope and fine line of not firing me, but, leaving me in limbo; not allowing me to return to work. I guess when my worker's comp case settles, it will set a precedent for my civil case verifying and confirming all of my documented injuries sustained while being discriminated against and retaliated against. Wow! What a tangled web we weave!
Good luck on your lawsuit! So many of our employers need a wakeup call saying "hey, quit fuckin with us, we aint gunna do this no more. You make 10x more than we do, and we want answers.
Taking your direction, I'm writing this before hearing your explanation of "at-will employment." I think it means that I can be fired or quit without any justification at any time.
I was going to be "let go" because I complained that my boss wasn't training me to do the job. He was sent to England to learn how to build a piece of lab equipment. I was hired as a temp to learn how to build it. He threw me a written work instruction and said "good luck" and barely showed me anything. I had to reverse engineer a unit that was already built and teach myself how to build it. I sent an email to HR and complained that I wasn't getting any training and that I wanted to be placed in a different position in another building. They sent him my email and he confronted me. He later put me in an inventory position. He often did this to people when it was their last week of employment, he would toss them in inventory and then they would get the dreaded call from the temp service on Friday after work that they were no longer needed. He did this to torture people as they knew that by being in that position it meant it was their last week. I couldn't wait to get out of that place so I could be placed in a different company. It was retaliation, he fired me for complaining about him and telling them he wasn't training me. Unfortunately the new guy they put in my place caused a lab tech to get an electric shock, I guess he didn't train him either. I was put back in place. Six years later and I am the only person in the United States that builds all these lab units and the guy that was going to get rid of me was going to be fired but his job was saved, then he was given a different position and later fired from that position. Never go to HR if you have an issue. Keep your head down, your mouth shut and do what you are told. Above all never give a shit because those who care suffer the most. Just put in your hours and go home.
Being a TN resident and having worked in both TN and MS, it's mind boggling how many people don't know that there are limits to "at-will." I'm currently dealing with a wrongful termination suit, and a "sister" of mine was under the impression that I'm SOL (sh*t out of luck = up the creek without a paddle). I've dealt with my fair share of companies, and "at-will" only goes so far.
I was fired after my second day, and was told because i didn't do my job. When the entire time i was obedient to the people above me. I went to clean the restrooms and vacuumed the the floors i did my job and left when they told me to left. It just doesn't make sense I'm not financially fit and this sudden termination has set me back.
I know your in CA, but if I may, I’d like to bring up a situation for your review if you don’t mind. I’ve talked with a couple attorneys but they aren’t sure The director of a medical device manufacturer (FDA regulated) breaks company policy & procedure, and an employee reports that conduct to the VP. Not a complaint, and not necessarily a report, the employee was seeking advice on what to do if it happens again. That employee now applies for a promotion. The same director tells the employee that they’re not a team player and won’t be interviewed for the promotion, after the employee has had glowing reviews and commendations. Is that retaliation?
I was working at a job through a temp agency for 1 day when I had done something wrong on the computer and they told me I can go home. They never told me what I did wrong. Now 15 years later I was offered a job through that same company with great pay and benefits but I am terrified to accept it because the offer letter states you are an at will employee and I remember being let go before. I am self employed at the moment and terrified to give up my business if I don't have job security at my next job and can be let go if I make any mistakes.
If you clame to be self employed ,DON;T do it and if they ask again overcharge your wage by a factor or X.7.If they say o,k, quit aftere 3 weeks as the work will be bellow your pay graid.
Through a temp agency means you were the employee of the agency, not the company where you made the mistake. It means when you were sent home "your assignment ended" not your employment.
I was about to be terminated from a job and quit before the termination hearing. I tried to file for unemployment and was denied because I wasn't fired, even though I was going to be fired. On the appeal, the hearing officer told me the employer could fire me for anything they wanted to. My circumstances involved an unwritten residency policy. He said they could fire me for wearing a pair of socks they didn't like.
They’ll just tell you it’s poor performance without any written proof or prior warning. They’ll keep known underachievers due to personal friendship. Happens every day.
Super informative! Thank you! I had thought before that at-will employment was that the employee could fire you for any reason (which is kind of true but not really and you go into more detail too)
Don't let them fool you with their circular psychology. Job hopping is no good because that means constantly having to relocate, and you still have to constantly worry about being fired for any or no reason. We need to push for a better law that will protect worker's rights. It's the only way!
2:20 That's why they make up performance issues. Usually in the form of giving you more an more work until it's too much for you can handle, then fire you for not making deadlines. The true reason is usually political. I should know; I was fired yesterday for this reason. Funny thing is that this firing was tried against me last year, but my boss's boss stepped in an stopped it (and I'm sure it was him cuz I accidentally overheard him telling the CEO that they "absolutely need[ed] [me]." Funny enough; my boss's boss moved on to greener pastures last month, and now I'm fired. Funny that, huh? Good luck proving it though....
Funny thing is in my union-employer contract, it clearly states the employer cannot terminate an employee without proper steps, but they did it anyways.
Very common. I find Unions to be pretty much useless for individual disputes. Out of ever 50 people who say they took the issue to the Union, only 1 is happy with the result.
Unions don’t help, unfortunately. My brother worked for a certain package delivery company and their union did nothing to help him. The showbiz unions blacklisted me for calling them out on their incompetence and corruption.
Sadly, I live in the Deep South where individuals are powerless against all these evil corporations. They own the government after all. But on a positive note, you seem like an ethical lawyer and I enjoyed the video
Back when I was working through a temporary service, I was told by the temporary service that the employer could come in and fire me just because they didn’t like my haircut. I was also told that the “burden of proof” would be on me, the employee to prove otherwise if it went to court.
Hmmm? If the work location the temp agency sends you to doesn't like your appearance and they send you back to the temp agency it seems the temp agency just gets you another location to work at. I mean you don't work for the employer. Before even heading to the work location I'd ask if the employer has a dress code/haircut policy so you aren't wasting time.
My understanding is that they can fire me at any time and the person can leave at any time. I honestly never thought about the legal aspect, so this video will be helpful knowledge. Your videos are very helpful. Thank you for putting this out there for the masses.
I live in Tennessee and I talked to a lawyer after getting fired when the other girl involved got suspended. The lawyer told me since this is an at will state I can get fired just simply because they didn’t like the way I smiled at them. I was told unless I’m Union or have a contract I basically have absolutely no job security. I was talking to a lawyer because I thought it was wrong I was fired and she wasn’t and the manager actually used the same excuses that you said HR would use to fire you in a previous video I watched.
Thank you for touching on the subject. I assume my employment will last forever. I keep my head down and simply do my job as best I can.I try to be a ghost. My life isn't at work. My life is when I'm off duty from my job. My life is my family, friends, and people, and things I care about away from work. I don't trust anybody at work. Their mouth can get me fired without just cause.
I live in Alabama. My understanding of "at will" means you open the door for litigation when you give a reason. As an employer, you can terminate employment at any time. For example, Mr employee we have decided to " go another way" or " reduce our staff size". However, if I say I'm letting you go for theft, the employer has now opened themselves up unless they have a conviction of theft.
I once got fired from a coffee shop because the manager accidentally hired more people than she needed. It felt really unfair because I was just a poor college student and I literally only had $300 in my bank account and I needed to buy books for classes. She told me that if she hired me that I would be able to work for the whole summer, I wish I got it in writing but honestly I don’t think a law suit would have been worth it.
@@opinanlosjovenesrd3477 There are actually some laws that prohibited recording in some isntances. Say you enter a deal with the employer, while recording them without their knowledge or permission. A court is going to take one look at that and throw it out, inversely companies get to record you all the time without your permission as part of their security. So the game is really rigged from the start.
@@kamieaston3016Under most "Wiring Tamping" laws which cover making recordings, if an individual is part of the conversation records the interaction without the other person's knowledge, it is not illegal. Take a look at the applicable laws in your juristiction.
Hello! Do you have a video on this topic but more specifically on public entity employees? I would really love to get a crash course on that. Keep up the great work! These are awesome videos
Thanks for the comment. I don't...yet. I have a loooong list of videos I want to make. I hope to get into the public sector down the road. Stay tuned. With that said, a lot of the videos I make apply to public employees.
I love how employers love to put “this is not a contract, not intended as a contract” etc in their job offer letters. Note: job OFFER. An offer is a basic part of contracts. Don’t be fooled by this, folks…employers are not lawyers, and your job offer is definitely a legally binding contract. This is how I currently have a very viable case for fraud in the inducement against my former employer;)
I think at ”will employment” means no binding conditions stopping someone from quitting whenever and an employer can terminate the employee at anytime as long as two weeks notice given. Excluding discrimination or other protected instances under the law.
going into this without knowing what at-will employment really is, it sounds like a law basically saying 'you can't keep people working for you against their will,' or something, hence 'at-will employment' meaning in my uninformed mind that 'you're working at your own will not because someone's forcing you'
This video sets itself apart from others on the subject. You provide an invaluable service by sharin this information in terms for the common man. (.....or woman).
If my new boss is demeaning me that I am not "catching on" fast enough is that harassment? When I had no defined training plan by him. I have no job description or outlined job duties. It is very condescending and sometimes he does it in meetings with others present? Not sure I should complain to HR. I have been there 4 months, and he basically ignored me for 3 of them. Thanks. I work in NY State.
I resent laws that clearly favor employers but leave employees with nothing to defend themselves with. Firing people for no reason(s) whatsoever should be unlawful period. Add to that, the average American cannot afford the exuberant fees attorneys do charge when trying to deal with these wrongful terminations. The employers know this and use that to great advantage. I believe it is completely unfair and disgraceful that employers can basically do as they please. That in a fleeting moment they can hurt another human being’s life without thought or care. PM
Question: If someone used to live in California and still works for the company located in California. And this person moved to another state and worked remotely from home for that California based company. Now that the company wants this person to be working 10:50 at the office every day in California and this employee says that everything can be done remotely. The company says otherwise because it says so. Employee refused to be in-person at the office and got fired. Does this employee have a case for wrongful termination?
Also fun fact: it takes a year for an labor law violation case to go from filing to court case outcome, and about half way to a quarter of the way through that year you may get a settlement. Imagine living without a job and no safety nets for that long XD except maybe unemployment.
I always heard that a company can fire you for the color of their shirt or for any other reason. I always wondered why HR departments jumped through hoops with things like bad reviews and PIPs before firing someone if they were in an at-will state.
I hope you finally started documenting. (My Dad gave me the same advice and I have used it- "they" think twice about messing with you, and sometimes rely on you when their memory of what happened at the staff meeting fails them.)
Had a job where, after completely boinking up their COVID response, everybody was miserable. I eventually got burned out on the place and put in my two weeks' notice. Now, one of the great things about this place was that besides having 12-hour shifts, you also didn't know your schedule more than two weeks out. Sometimes you'd have a block straight, sometimes you'd have the dreaded 'light switch schedule' where you'd be on-off-on-off-on-off. One great loophole for management was that the work week turned over on Sunday regardless of how many days you had already worked. I had put in nearly all of my first week of quitting countdown when a new schedule was put out for me. Thurs 12, Fri 12, Sat 12, Sun 12, Mon 12, Tue 12, Wed 8. I called the supervisor and told them that I was going to have to expedite my separation from the company and that I'd be finishing off my shift today and then would not be coming in on Thursday. There was a surprised statement that I had given two weeks. Yes, I said. I gave you the courtesy of two weeks' notice. You've decided to abuse that courtesy so now I am rescinding it. You can fire me now, or I quit. Given that staffing was already that poor and they knew I had another job lined up already, they the few hours they could out of me and I've never looked back. The managers there still had a recession mindset that workers should thank their lucky stars just to have the opportunity to put up with whatever idiocy the management team could sling out. They were totally unprepared for an environment where jobs outnumbered workers and companies had to compete for workers just as they competed for customers.
Very interesting and helpful video. I was let go close to a year ago, under which I thought were suspicious circumstances. 1. At the beginning of the month, all employees were given raises. 2. On the day I was let go, I was recognized in team meeting for outstanding positive customer feedback. Two hours after I was let go, I attended a Zoom with HR, thinking I was going to be promoted, or something like that, when I was told I was being let go, due to the company not meeting quarterly goals, and it was through no fault of my own. This was all a shock and a punch in the gut. I suspect that I was let go, due to a background check a few months prior, which would have revealed an arrest. I did some consulting and found out age discrimination did not apply, as I was not replaced by a younger employee, even though the company was increasing staff overseas with lower paid contractor employees. I worked at this company over six years. The arrest occurred due to a mental health crisis, where I was suicidal from unresolved grief after my father's passing. I do have protected status, as a disabled veteran, but I don't think that applies. This is all behind me, as I was able to find employment (at a lower wage) and will qualify for Army Reserve pension in 2 years. Just sharing my story.
I watched many of your videos, the information in your videos helped me greatly in a two years battle against workplace harassment. Appreciate all your hard work for creating these videos.
At will employment means once you are hired its all on you. Bad management, conflicts, anything outside of benefits is fair game and sorry not sorry.. Be happy you live in America and have a job?
I found your explanation of “At Will”; spot on for a general explanation-thank you. You were honest and up-front about your knowledge and the state you live in. I am a young retiree and at one time a labor leader in MICHIGAN. Nice job. I’m a new subscriber of your.
As far as I know. Employee At Will appeared 2007. This was after defining CA Labor Code 2922 for a better shorter version of its meaning which is actually wrong like he said. As some employees try to investigate flaws of companies. Employer themselves, are trying to apply more defense to combat lawsuit. You may be in America but employee treatment here is no different as that of a 3rd world.
I am being bullied by my manager and a coworker. It has gotten so bad I am thinking about quitting. My boss has mentioned to me the other day that I should quit. My coworker the other day sent out a group text about how unclean I kept the shared spaces and mentioned she doesn't need to take care of a grown man. I went to hr about how I was feeling because I knew I couldn't go to my manager.
I was late to work multiple times and was talked to through out my emplyment. a lot of factors between these the conversations, comments mad by supervsion and in genral the way the company treats and acts with certain employees and how they do not follow a certain set of proven and documented set of procedures that can give good reason to write someone up and eventually lead to have a good cause to terminate. hope that made sense im not very good with explaining situaions. i do know that i was told before termination certain steps would happen that lead to termination, they did not follow up. they allow other employees get away with being late or calling off in consistant ways. I can go on but i wont. I worked very hard and actually cared for what i did. thats the way i am though the lateness piled up against me, documentaion such as txt or emails are in the phones they provided and took it back obviously. but in the written communicaions exsists supervisons comments that are in my opinon prove that they on multiple occaions told me not to worry just clock in. its okay we or I dont mind.. i genuily feel it was wronfully set up, the company and the workloads set up had me not take lunches, or breaks, and I worked off the clock almost everyday bc i could get written up for the slightest thing i may have missed, i did a lot for the company they left me with bills that have to be paid and rent and car payments that i got bc i wanted and got this job. they didnt do it right is what i think.
Can you get terminated for having headphones on your head and not on your ears well working with customers at checkout in any at will state ? Asking for a friend
All the micromanager has to do is to come up with a good reason that's not illegal. Like he could say the employee was outside smoking or was outside talking rather than working and he's been warned several times about it but yet even though you had never gotten a single verbal warning or a ride up slip he can automatically fire you just because he doesn't like you or just because you said something to upper management.
However, you could also come up with a reason to fight back and say the employer is firing you because if race, gender or sexual orientation. At will employment doesn't cover that. You may still get fired, but at least there's an investigation that could work in your favor.
Excellent video. I have corrected co-workers and subordinates for years about this. I have always told them that they can fire you for NO reason without notice at any time, but if they give a reason or one can be reasonably implied by their actions and statements, then that reason MUST be legal under the law. I've also pointed out that the same is true for them as employees. Giving notice before leaving is not required, but it is a courtesy that should be observed if possible. Unless you've seen management let people go immediately or mistreat them when they give notice. I've seen plenty of that. No matter how toxic the leadership of an organization is, I try to give some notice that I'm leaving, though. Not for the benefit of the people I work for, but for the benefit of the people I work with. My sudden absence might make their life harder, and most of the time I do have some loyalty towards my co-workers no matter how contemptible management may be.
Thank you for sharing this viable information. IMO, the problem lies with the average person who only retains image and not detail. They only see the bait and not the hook.
I live in Ohio and Ohio is an at will state. Most people live in constant fear that they're going to lose their job because of Life events such as illness or problems with child daycare. It is just anxiety inducing.
Every time that I was employed, I took precautions to make certain that my performance on the job was outstanding, and I was always on time and punctual. However, there would always come a time when I'd get approached by a homosexual, and, just as soon as I rejected his advances, I would be terminated. Always, in every single case, the unemployment office would rule in my favor. Never once was my benefits get denied, and that proves a pattern of relentless harassment. I live in Hammond, Indiana. There are very evil people in my neck of the woods. It has been very difficult for me to survive.
Hi Branigan, I’m wondering if this is applicable to offshore staffing as well. Since the pandemic, there are multiple recruiters that are located in the US, that hires remote workers in other countries, to work for the employers/clients. The contract states that these remote workers are “at-will employees”. Hope you can make a video about it so we can understand more. For instance, how is the remote employee protected if there’s an illegal termination. Should a remote worker hire a US lawyer if the recruiter/company is in the US?
That depends on the country and jurisdiction. I work payroll in Canada and can tell you that the concept of at-will employment simply does not exist here. Even if you are paid as a foreign worker only temporarily in Canada you have rights that the CRA will enforce zealously. It is not a perfect system but is a world of difference, if anything it sometimes overprotects employees. I have helped service Canada untangle a few case over the last four years and many a US employer has had a very nasty surprise when they thought they could enforce their at-will work contracts. Mostly small or medium companies that have just a handful of reps in Canada and do not know the law.
Brandon thank you so much for all of the valuable information you provided. I was injured at work as an employee for the state. I was injured while working.and then fired. To try and seek help from an attorney here in the state of Texas is absolutely impossible. Let me tell I am not a lawyer nor a paralegal. However having had friends that were lawyers gave me and taught me about laws in Texas. I have helped many of people with issues they had. This is why I watch videos as your because they provide some helpful information.
More companies NEED unions. I consider a union like personal lawyers that fight for employees. A few years back my husband worked for a company for many years and was in a car accident. His knee needed stitches and was unable to work for weeks. He handed in Dr notes and called in everyday remind them. They TRIED to terminate him cause HR didn't do their job to mark his absence as excused from a doctor. We went to his union and they handled it right away and was able to go back to work. The union owner was disgusted and angry on how they treated my husband and told him he will handle it and he sure did. HR was yelled at and they immediately apologized to my husband lol. I personally believe this law is abused by companies and they should definitely change it. Companies need to understand people have finances and family. To let people go without a logical explanation is ridiculous.
He is a good teacher in addition to being a good lawyer, he makes excellent videos that everyone could understand. I never heard of this term, 'At- Will' before, and I was a political science major, again thanks for all your great videos.
That's incorrect. They can call a termination whatever they want. If doesn't matter if they say: "separated," "laid-off," "managed out," "restructured," "position eliminated," "fired" or "terminated." It's all the same. The person has been involuntarily released from employment. The key is to prove that the termination was motivated by unlawful means. If so, the fired employee might have a case and should call an attorney to find out.
Always remember: HR isn’t there to protect YOU, they’re there to protect THE COMPANY.
Just got fired for no reason
My experiences with "At Will no contract agreements" the document has always stated that the employer is able to fire any reason or no reason at all, with or without notice.
Not true my friend know you're rights...
I reported suspected sexual abse 12 yrs ago at a group home where i worked as a counselor. 3 other staff agreed but I was the only one to report it. My supervisor asked who filed and I admitted it was me. I did not know my rights as a mandated reporter and was fired.
I was fired at will and our hr person is the husband of the director . I had zero write ups or verbal warnings. The director was the one bullying and harassing me. She is a Narcissist and it was the most toxic place I have ever worked. !
I'm in Canada. So my knowledge of at will employment is essentially just what I hear on the internet. I assumed it meant you could be fired without cause for any reason, except for federally protected reasons. Like you can't be fired for race, gender, etc. I'm at 1:20 into video. Just thought you would want the comment before I watched the rest of the video.
Going to HR with anything is a waste of time, They will lie cover up for the supervisor and for the business
I thought I it was corporate puffery that was probably superceded by Federal Law. However I was not certain of this, and if one refuses to sign the offer of employment would be retracted.
It scared the majority of employees.
Oh of course off is rescinded
It’s like trying to work at a union shop without being a union worker
Ur always very replaceable, remember that
Find a niche skill n stay self employed
Constructed Quit?
As a European I am baffled at this law. So nobody in America can notice the obvious power imbalance between an employee and an employer? Seems like a law to put poor people in their place and shut them up.
It's a weird law, thats for certain.
Now you know why America has the highest work place shooting ! These bosses are worst than a slave master and your co-workers are not your allies.
It is starting to shift
Corporate America at it's finest
@@FIRENICEWOLF how and when ?
I love the way you put it!
Here where I am, HR makes sure to tell you verbally that it is AT-Will employment and you can be terminated at any time with or without cause, then ask you if you understand. Years ago I started responding with "I understand, I can quit at any time, with or without cause." HR always gets nervous after hearing me say that and asks "Is that something you are going to do?" To which I respond "Depends on management. If management mistreats me then I'll go find somewhere else to work. Do you have bad management?" At this point I watch the HR person closely, See how they respond. It's amazing how, when there is bad management, the HR person will be nervous. lol
Haha Brilliant. And this is true. The law was created after slavery/ indentured servitude. It means we are not slaves.
You kick ass! 💪
Have them explain the without cause part, cause it sounds like retaliation or a multitude of other stuff. I guess when you feel it's time for me to go, I won't be signing anything or doing an exit interview because the time to fix things were in the past.
Human Resources solely exists to protect company management. That means protect them from their own employees. They are not your friend and they are never on your side.
@@Nightfighter82that also includes protecting the company from bad management.
At-will employment to me, makes me feel like we don't have any rights as an employee. It makes me not want to work as hard. I can't even enjoy my day off without them pestering me to work. All I ask for is 4th of July off and gave a 2 months notice. They didn't even give me that.... We are slaves to society in all honesty. No wonder nobody puts in 100% anymore. I live by this modo now "You want me to perform extra, pay extra." No free rides no more.
It's because the Boss - employee relationship in the United States is based on the old Slave - master dynamic
Agreed. I see “At-Will Employee” in my employment agreement, then I don’t do more than the bare minimum. Hell, I sometimes even see how far I can go and how much I can get away with until they fire me.
@@edwardjames6023 realest shit i have ever read
Technically speaking I only get my days off because my body literally can’t cope with working some times(not as bad to be classified as chronic yet but yeah I have had this for like 2 years now)
@@boinqity4621 if you think about it if you dare to stand up to your boss you are punished through a write-up or termination and they will wrongfully classified under and support a nation. Boss is expect us to bow down to their every win and to dare not raise our voice to them or to voice any opinions or else they will punish us. When factory workers want to unionize they were actually met with violence. Workforce is claim cutbacks while making insane amounts of profits. The reality is they want to cut the workforce back to see how very few people they can get to do the job of many so they don't have to pay as many people to do the same job. I work at a job where it's just the shift manager and me and we are expected to run the register and to stock the entire store on every shift. I may be only get 60 seconds to 5 minutes away from my register to try and help my shift boss pull up a thousands of different small items from a box in the store.
I live in Arizona and work in the clinical research industry, and all I hear from management is, "I can terminate anyone's employment at anytime be cause we are an at will company." This leaves employees running scared. I was terminated for missing a weeks work for being in the hospital with Covid. I provided Dr and hospital notes, and their excuse was that "we are an at will company." Managers MUST be educated on this true meaning
You should have said, "I am at-will to sue the hell out of you." lol
How heartless to terminate for this reason. 💔
Who wants to work for company that wants to fired you its time to move
anything in the pharmaceutical, health and clinical industry is an abusive environment in general. They know you cannot do anything else with the degree that is why it is so controlling.
If you treat employees like this, what percentage of their creativity and diligence are they going to invest in the job? It is a two-way street.
People seem so very confused. In most cases, the employee isn't going to abruptly quit a job because, in doing so, he or she will be waiving his/her chances of collecting unemployment benefits. Essentially, the AT-WILL employer is saying, "I can cheat, but you can not!" I've seen this tyranny going on for far too long! There should be no such thing as at-will employment and you know it!
Right it needs to go it won’t make much of a difference 9 times out of 10 most employers will have a justifiable reason to fire you anyway. it would only cover them lying about firing you for no reason, discrimination, and whistleblowing. People saying their government does it does it cause it would cost to much, would you really wouldn’t,only a few select cases. I understand life isn’t always fair but this goes above and beyond that.
@@vinyl6668 I am no longer under the constraint of at-will.
@@vinyl6668 Satanists are all the same. They cry about an unjust God, but they are vicious when they have the upper hand. Prove your case! Prove you don't deserve to be treated unfairly by treating others with fairness. Every satanists I've ever met always tries to hurt other people in some way, and/or to dominate them. Prove your case by fighting against torment. You can lie to yourselves all you want to, but when your number is up, you'll be answering to someone for the crimes you commit on earth.
@@guitarttimman You moved Montana?
@@guitarttimman Right I understand life usually isn’t fair but that doesn’t mean it can’t be a little less unfair.
Employers use this as a response to requests for workplace improvements. A very fancy way to say they don’t care because you’re replaceable.
Within my "At Will" employee experience, it's not over until I am completely satisfied its over. I take the law and my rights very seriously, i know my rights and i exercise them often. I research everything, even now that I am retired.
Thank you for your words of encouragement 😎
What have u used to research
Me to and I am going through Wright now and I was hurt on the job.
Which sites do u research so you aren’t getting confusing information?
Women have more rights or boss//owners are more afraid so better outcomes. Been a man in labor force 60 yrs. It's start over every five years at the latest. 401k vesting goes to 40% also. Cheaper to get you gone. The man worker gets little backing.
My assumption of what at-will was pretty accurate to yours, which I was trying to correct people of the proper definition. They thought at-will was to include those protected classes, making them no longer protected. However, I know employers will try to terminate for ridiculous reasons, even though the underlying issue would be protected classes.
I'm from Trinidad and Tobago and when US companies set up in our country they try an import this "at will" concept which does not apply here. Here, an employer can only dismiss with cause and after following the principle of natural justice. Even then it is expected that progressive discipline will be applied first in most cases. Join a union and get organised is the answer to at will contracts.
Well if a company from your country puts it up in the USA you adhere to our rules and regulations
"At-Will employment" is the reason that I don't socialize with my co-workers or supervisors. I say the "bare minimum" to these individuals. I eat lunch outside of company property, so I don't get in trouble "at work" -- even when I'm off-the-clock. I keep my head down, I don't rock the boat, and I don't stick my neck out.
That's sad but true
Are you still working at that job now? And how is your job treating you if you're still there? I'm just curious because I need some advice.
Pretty sad when you have to walk around with your head down looking at the ground.
🤯
Sounds like you should look for a better job. 9 times out of 10 employers will have a justifiable reason for you. For the most part as long as you do as you’re told and keep on track I got nothing to worry about.
Employers love this law, but hate it when it's used against them.
I'm a school worker, teachers are not at will but I did get a job as a seasonal cashier for a supply store. I just quit one day when I didn't feel like I was being respected.
You did well, dont ever let then walk on you.
Good on you but they love it when people quit. It saves them a lot of hassle in many cases.
@@osu33089 not if you quit without notice
@@mateuszzielinski2166 they don’t care if people quit without notice. Headache maybe, but they manage.
@@osu33089 it depends on the position, but in this case yeah they likely wouldnt care too much
What At will employment means to me: I can leave a job anytime I choose and an employer can fire me at any time they choose.
Thank you so much for explaining this. I think they intentionally make it sound like they can fire you for any reason at all so employees won't fight back when they're terminated unfairly.
100%
I am in Texas. I was fired for going into the warehouse after business hours. My manager had given me permission. My reason was simple. I would go in after hour to make sure certain machines were working properly. I had been at this company for 20 years, with a good attendance and no disciple occurances. Because of at will hire I was fired. This video is so helpful that I wish I was from California. You have great charisma, and I believe you sincerely want to help. I am 61 years old and obviously there's more to my story. Thank you. I was fired march 31,2022. Is there a time limit to the
To get legal help?
A quick search for Texas statute of limitations for wrongful termination is 180- (in some cases) 300 days to contact Texas Workforce Commission (TWC), then an attorney can file a suit within two years. Call some Texas employment attorneys since the clock is ticking.
Do you realy want to go back for more???And Name and Shame.
I’m suing my texas company for 3 counts in federal court as we speak. Violation of my rights under fcra and flsa retaliation and wrongful termination, fmla retaliation and interference, and ffcra unpaid wages. I was side lined for 7 months after staying home with covid positive daughter, and I was pushed out once i complained after being assigned. Texas is a dirty place to live and work.
@D C With something like this getting the manager under oath that he authorized entry seems like the beginning and then the company if they want to persist in fighting it deals with a subpoena for records. BTW, now you got me thinking of The Office episode on ageism-
Jan: I hope he’s gets hit with an ageism suit.
Michael: What is that… word?
Jan: Ageism? Companies they can’t discriminate against people due to old age. Like a couple years ago we tried to force out some of the older branch managers with a mandatory retirement age and then Ed Truck, your old boss, threatened us with a lawsuit, so we had to back off.
Michael: So older people have just as many rights as younger people?
Jan: Yes, Michael, they do.
⚠ Now that you understand the basics, Do you think the “at-will doctrine” is good or bad for everyday employees? ⚠
Of course it's not fair for the employee. It was written for the benefit of the employer who campaign contributes to politicians. But at the end of day I have to agree with most of at will employment laws. A bad employee can ruin a business and harm the productivity of others. I am not an employer but I believe no one is entitled to a job.
Counselor, as a 65 year old man who’s been blindsided and died on the hill of at will employment more than once in my day, at will terminations are far more often arbitrary than causal.
At Will = either party can terminate, but likely employer has the more powerful ability to terminate.
This is a very helpful, organized, easy to follow video. Great job.
employees have more power. you can quit for racist reasons. they can’t fire you for the same reason
actually it is the opposite. way easier for an employee to quit than be fired.
Thank you for this one, Branigan. Now I understand why and how my employer is walking the tightrope and fine line of not firing me, but, leaving me in limbo; not allowing me to return to work. I guess when my worker's comp case settles, it will set a precedent for my civil case verifying and confirming all of my documented injuries sustained while being discriminated against and retaliated against. Wow! What a tangled web we weave!
Good luck on your lawsuit! So many of our employers need a wakeup call saying "hey, quit fuckin with us, we aint gunna do this no more. You make 10x more than we do, and we want answers.
Taking your direction, I'm writing this before hearing your explanation of "at-will employment." I think it means that I can be fired or quit without any justification at any time.
It's a control mechanism that was created by dictators!
Must document everything!! Helps any wrongful termination case.
I was going to be "let go" because I complained that my boss wasn't training me to do the job. He was sent to England to learn how to build a piece of lab equipment. I was hired as a temp to learn how to build it. He threw me a written work instruction and said "good luck" and barely showed me anything. I had to reverse engineer a unit that was already built and teach myself how to build it. I sent an email to HR and complained that I wasn't getting any training and that I wanted to be placed in a different position in another building. They sent him my email and he confronted me. He later put me in an inventory position. He often did this to people when it was their last week of employment, he would toss them in inventory and then they would get the dreaded call from the temp service on Friday after work that they were no longer needed. He did this to torture people as they knew that by being in that position it meant it was their last week. I couldn't wait to get out of that place so I could be placed in a different company. It was retaliation, he fired me for complaining about him and telling them he wasn't training me. Unfortunately the new guy they put in my place caused a lab tech to get an electric shock, I guess he didn't train him either. I was put back in place. Six years later and I am the only person in the United States that builds all these lab units and the guy that was going to get rid of me was going to be fired but his job was saved, then he was given a different position and later fired from that position. Never go to HR if you have an issue. Keep your head down, your mouth shut and do what you are told. Above all never give a shit because those who care suffer the most. Just put in your hours and go home.
This is so true…
We are moving so fast into a dystopian, Black Mirror-esque society that it’s disturbing…
Do not ever put your head down, and your mouth shut. This is a slave mentality.
Thank you! I recently got a job offer and I wanted to know what this meant fully.
Being a TN resident and having worked in both TN and MS, it's mind boggling how many people don't know that there are limits to "at-will." I'm currently dealing with a wrongful termination suit, and a "sister" of mine was under the impression that I'm SOL (sh*t out of luck = up the creek without a paddle). I've dealt with my fair share of companies, and "at-will" only goes so far.
Good luck! Hope you win
I'm still trying to start my wrongful termination work. How do I get started
I was fired after my second day, and was told because i didn't do my job. When the entire time i was obedient to the people above me. I went to clean the restrooms and vacuumed the the floors i did my job and left when they told me to left. It just doesn't make sense I'm not financially fit and this sudden termination has set me back.
I know your in CA, but if I may, I’d like to bring up a situation for your review if you don’t mind. I’ve talked with a couple attorneys but they aren’t sure The director of a medical device manufacturer (FDA regulated) breaks company policy & procedure, and an employee reports that conduct to the VP. Not a complaint, and not necessarily a report, the employee was seeking advice on what to do if it happens again. That employee now applies for a promotion. The same director tells the employee that they’re not a team player and won’t be interviewed for the promotion, after the employee has had glowing reviews and commendations. Is that retaliation?
I was working at a job through a temp agency for 1 day when I had done something wrong on the computer and they told me I can go home. They never told me what I did wrong. Now 15 years later I was offered a job through that same company with great pay and benefits but I am terrified to accept it because the offer letter states you are an at will employee and I remember being let go before. I am self employed at the moment and terrified to give up my business if I don't have job security at my next job and can be let go if I make any mistakes.
I hope you are doing well now, considering this comment is 1year old. I would be very cautious going back to a company you had a bad experience with.
If you clame to be self employed ,DON;T do it and if they ask again overcharge your wage by a factor or X.7.If they say o,k, quit aftere 3 weeks as the work will be bellow your pay graid.
Through a temp agency means you were the employee of the agency, not the company where you made the mistake. It means when you were sent home "your assignment ended" not your employment.
I was about to be terminated from a job and quit before the termination hearing. I tried to file for unemployment and was denied because I wasn't fired, even though I was going to be fired. On the appeal, the hearing officer told me the employer could fire me for anything they wanted to. My circumstances involved an unwritten residency policy. He said they could fire me for wearing a pair of socks they didn't like.
They’ll just tell you it’s poor performance without any written proof or prior warning. They’ll keep known underachievers due to personal friendship. Happens every day.
Omg fax
Super informative! Thank you! I had thought before that at-will employment was that the employee could fire you for any reason (which is kind of true but not really and you go into more detail too)
Don't let them fool you with their circular psychology. Job hopping is no good because that means constantly having to relocate, and you still have to constantly worry about being fired for any or no reason. We need to push for a better law that will protect worker's rights. It's the only way!
More employees need to sue. It's really the only way companies will ever treat people better. It's advancing social justice to sue.
Unless they fired you for an invalid reason. The best you’re going to win from your lawsuit is unemployment insurance.
2:20 That's why they make up performance issues. Usually in the form of giving you more an more work until it's too much for you can handle, then fire you for not making deadlines. The true reason is usually political. I should know; I was fired yesterday for this reason. Funny thing is that this firing was tried against me last year, but my boss's boss stepped in an stopped it (and I'm sure it was him cuz I accidentally overheard him telling the CEO that they "absolutely need[ed] [me]." Funny enough; my boss's boss moved on to greener pastures last month, and now I'm fired. Funny that, huh? Good luck proving it though....
Funny thing is in my union-employer contract, it clearly states the employer cannot terminate an employee without proper steps, but they did it anyways.
Very common. I find Unions to be pretty much useless for individual disputes. Out of ever 50 people who say they took the issue to the Union, only 1 is happy with the result.
Unions don’t help, unfortunately. My brother worked for a certain package delivery company and their union did nothing to help him. The showbiz unions blacklisted me for calling them out on their incompetence and corruption.
Unions are a for profit biz u the union worker finance directly out of ur pocket
Plus all the graft they receive
Don’t work for a union, work for u
Sadly, I live in the Deep South where individuals are powerless against all these evil corporations. They own the government after all. But on a positive note, you seem like an ethical lawyer and I enjoyed the video
Back when I was working through a temporary service, I was told by the temporary service that the employer could come in and fire me just because they didn’t like my haircut. I was also told that the “burden of proof” would be on me, the employee to prove otherwise if it went to court.
Hmmm? If the work location the temp agency sends you to doesn't like your appearance and they send you back to the temp agency it seems the temp agency just gets you another location to work at. I mean you don't work for the employer. Before even heading to the work location I'd ask if the employer has a dress code/haircut policy so you aren't wasting time.
So I’m starting my career in HR. You have taught me so much. Every video gets a like from me. My plan is to get to every video you have. Keep it up.
But if you intended to be "different" and "care about people" you're going to find out that they will make it impossible for you to do so...
My understanding is that they can fire me at any time and the person can leave at any time. I honestly never thought about the legal aspect, so this video will be helpful knowledge.
Your videos are very helpful. Thank you for putting this out there for the masses.
I live in Tennessee and I talked to a lawyer after getting fired when the other girl involved got suspended. The lawyer told me since this is an at will state I can get fired just simply because they didn’t like the way I smiled at them. I was told unless I’m Union or have a contract I basically have absolutely no job security. I was talking to a lawyer because I thought it was wrong I was fired and she wasn’t and the manager actually used the same excuses that you said HR would use to fire you in a previous video I watched.
I got fired because my 24 year old supervisor didn't like my personality.
that’s completely legal. you could have quit legally for the same reason. seems fair.
Thank you so much for making this i love your videos ive been looking up info on this for few months this video just fell in my lap
Thank you for touching on the subject. I assume my employment will last forever. I keep my head down and simply do my job as best I can.I try to be a ghost. My life isn't at work. My life is when I'm off duty from my job. My life is my family, friends, and people, and things I care about away from work. I don't trust anybody at work. Their mouth can get me fired without just cause.
At-will, If the company doesn't need you anymore they have the right to let you go without notifying you.
Sounds like a zero hour contract.
As do u
Walk off the job mid shift
Go file for unemployment
@@YeshuaKingMessiah you can't actually. that's the catch. if you quit your job voluntarily, you will not be eligible to collect unemployment
I live in Alabama. My understanding of "at will" means you open the door for litigation when you give a reason. As an employer, you can terminate employment at any time. For example, Mr employee we have decided to " go another way" or " reduce our staff size". However, if I say I'm letting you go for theft, the employer has now opened themselves up unless they have a conviction of theft.
Yes Kevin, you are right, if they give a reason they have to prove it & should have run it by legal first.
I once got fired from a coffee shop because the manager accidentally hired more people than she needed. It felt really unfair because I was just a poor college student and I literally only had $300 in my bank account and I needed to buy books for classes. She told me that if she hired me that I would be able to work for the whole summer, I wish I got it in writing but honestly I don’t think a law suit would have been worth it.
Recordings also work. Yet you are right it is not worth the hassle in some cases.
The amount of money/mental stress that a lawsuit requires is insane.
@@opinanlosjovenesrd3477 There are actually some laws that prohibited recording in some isntances. Say you enter a deal with the employer, while recording them without their knowledge or permission.
A court is going to take one look at that and throw it out, inversely companies get to record you all the time without your permission as part of their security. So the game is really rigged from the start.
@@kamieaston3016Under most "Wiring Tamping" laws which cover making recordings, if an individual is part of the conversation records the interaction without the other person's knowledge, it is not illegal. Take a look at the applicable laws in your juristiction.
@@kamieaston3016 most states (39) allow recording even if only one party consents. Only 11 require all parties to consent.
Hello! Do you have a video on this topic but more specifically on public entity employees? I would really love to get a crash course on that.
Keep up the great work! These are awesome videos
Thanks for the comment. I don't...yet. I have a loooong list of videos I want to make. I hope to get into the public sector down the road. Stay tuned. With that said, a lot of the videos I make apply to public employees.
I love how employers love to put “this is not a contract, not intended as a contract” etc in their job offer letters. Note: job OFFER. An offer is a basic part of contracts. Don’t be fooled by this, folks…employers are not lawyers, and your job offer is definitely a legally binding contract. This is how I currently have a very viable case for fraud in the inducement against my former employer;)
I think at ”will employment” means no binding conditions stopping someone from quitting whenever and an employer can terminate the employee at anytime as long as two weeks notice given. Excluding discrimination or other protected instances under the law.
I was pretty much right.
i got fired the day of they said they thought i was dumb. they had no reasons for firing other than the fact that they think i’m dumb
going into this without knowing what at-will employment really is, it sounds like a law basically saying 'you can't keep people working for you against their will,' or something, hence 'at-will employment' meaning in my uninformed mind that 'you're working at your own will not because someone's forcing you'
This video sets itself apart from others on the subject. You provide an invaluable service by sharin this information in terms for the common man. (.....or woman).
If my new boss is demeaning me that I am not "catching on" fast enough is that harassment? When I had no defined training plan by him. I have no job description or outlined job duties. It is very condescending and sometimes he does it in meetings with others present? Not sure I should complain to HR. I have been there 4 months, and he basically ignored me for 3 of them. Thanks. I work in NY State.
Thanks for taking the time to make this video
I resent laws that clearly favor employers but leave employees with nothing to defend themselves with.
Firing people for no reason(s) whatsoever should be unlawful period.
Add to that, the average American cannot afford the exuberant fees attorneys do charge when trying to deal with these wrongful terminations. The employers know this and use that to great advantage.
I believe it is completely unfair and disgraceful that employers can basically do as they please. That in a fleeting moment they can hurt another human being’s life without thought or care.
PM
Thanks for putting this information out so clearly!
Wrongful termination suit for whistle blowing / harassment/ discrimination/ and hostile work environment
You are so ahead of the curve when it comes to lawyering. Keep up the great work 👍🏾
Question: If someone used to live in California and still works for the company located in California. And this person moved to another state and worked remotely from home for that California based company. Now that the company wants this person to be working 10:50 at the office every day in California and this employee says that everything can be done remotely. The company says otherwise because it says so. Employee refused to be in-person at the office and got fired. Does this employee have a case for wrongful termination?
Thanks a million for the clarification. It has given me a second breath.
Also fun fact: it takes a year for an labor law violation case to go from filing to court case outcome, and about half way to a quarter of the way through that year you may get a settlement. Imagine living without a job and no safety nets for that long XD except maybe unemployment.
I always heard that a company can fire you for the color of their shirt or for any other reason. I always wondered why HR departments jumped through hoops with things like bad reviews and PIPs before firing someone if they were in an at-will state.
I got fired because I called my boss out for his behavior lol
I think quitting should allow unemployment, then employers would actually improve their work environments
My dad gave me great advice when I was becoming a young adult:
DOCUMENT EVERYTHING WITH DATE AND TIME
And I routinely fail to heed it.
I hope you finally started documenting.
(My Dad gave me the same advice and I have used it- "they" think twice about messing with you, and sometimes rely on you when their memory of what happened at the staff meeting fails them.)
Ya so they just make millions of policies, and if you violate them you are fired
Had a job where, after completely boinking up their COVID response, everybody was miserable. I eventually got burned out on the place and put in my two weeks' notice. Now, one of the great things about this place was that besides having 12-hour shifts, you also didn't know your schedule more than two weeks out. Sometimes you'd have a block straight, sometimes you'd have the dreaded 'light switch schedule' where you'd be on-off-on-off-on-off. One great loophole for management was that the work week turned over on Sunday regardless of how many days you had already worked. I had put in nearly all of my first week of quitting countdown when a new schedule was put out for me. Thurs 12, Fri 12, Sat 12, Sun 12, Mon 12, Tue 12, Wed 8. I called the supervisor and told them that I was going to have to expedite my separation from the company and that I'd be finishing off my shift today and then would not be coming in on Thursday. There was a surprised statement that I had given two weeks. Yes, I said. I gave you the courtesy of two weeks' notice. You've decided to abuse that courtesy so now I am rescinding it. You can fire me now, or I quit. Given that staffing was already that poor and they knew I had another job lined up already, they the few hours they could out of me and I've never looked back.
The managers there still had a recession mindset that workers should thank their lucky stars just to have the opportunity to put up with whatever idiocy the management team could sling out. They were totally unprepared for an environment where jobs outnumbered workers and companies had to compete for workers just as they competed for customers.
Very interesting and helpful video.
I was let go close to a year ago, under which I thought were suspicious circumstances.
1. At the beginning of the month, all employees were given raises.
2. On the day I was let go, I was recognized in team meeting for outstanding positive customer feedback.
Two hours after I was let go, I attended a Zoom with HR, thinking I was going to be promoted, or something like that, when I was told I was being let go, due to the company not meeting quarterly goals, and it was through no fault of my own.
This was all a shock and a punch in the gut. I suspect that I was let go, due to a background check a few months prior, which would have revealed an arrest.
I did some consulting and found out age discrimination did not apply, as I was not replaced by a younger employee, even though the company was increasing staff overseas with lower paid contractor employees. I worked at this company over six years. The arrest occurred due to a mental health crisis, where I was suicidal from unresolved grief after my father's passing.
I do have protected status, as a disabled veteran, but I don't think that applies.
This is all behind me, as I was able to find employment (at a lower wage) and will qualify for Army Reserve pension in 2 years.
Just sharing my story.
I found this video to be as helpful as a termination letter sent receipt.
I watched many of your videos, the information in your videos helped me greatly in a two years battle against workplace harassment. Appreciate all your hard work for creating these videos.
At will employment means once you are hired its all on you. Bad management, conflicts, anything outside of benefits is fair game and sorry not sorry.. Be happy you live in America and have a job?
I found your explanation of “At Will”; spot on for a general explanation-thank you. You were honest and up-front about your knowledge and the state you live in. I am a young retiree and at one time a labor leader in MICHIGAN. Nice job. I’m a new subscriber of your.
If you live in Texas, you need to watch this.
As far as I know. Employee At Will appeared 2007. This was after defining CA Labor Code 2922 for a better shorter version of its meaning which is actually wrong like he said. As some employees try to investigate flaws of companies. Employer themselves, are trying to apply more defense to combat lawsuit. You may be in America but employee treatment here is no different as that of a 3rd world.
Def is a fairly new way to screw workers
I was horrified first time I read in the fine print
As someone who’s been fired in some of the most creative ways possible, I just always chalked it up to at will.
I am being bullied by my manager and a coworker. It has gotten so bad I am thinking about quitting. My boss has mentioned to me the other day that I should quit. My coworker the other day sent out a group text about how unclean I kept the shared spaces and mentioned she doesn't need to take care of a grown man. I went to hr about how I was feeling because I knew I couldn't go to my manager.
I was late to work multiple times and was talked to through out my emplyment. a lot of factors between these the conversations, comments mad by supervsion and in genral the way the company treats and acts with certain employees and how they do not follow a certain set of proven and documented set of procedures that can give good reason to write someone up and eventually lead to have a good cause to terminate. hope that made sense im not very good with explaining situaions. i do know that i was told before termination certain steps would happen that lead to termination, they did not follow up. they allow other employees get away with being late or calling off in consistant ways. I can go on but i wont. I worked very hard and actually cared for what i did. thats the way i am though the lateness piled up against me, documentaion such as txt or emails are in the phones they provided and took it back obviously. but in the written communicaions exsists supervisons comments that are in my opinon prove that they on multiple occaions told me not to worry just clock in. its okay we or I dont mind.. i genuily feel it was wronfully set up, the company and the workloads set up had me not take lunches, or breaks, and I worked off the clock almost everyday bc i could get written up for the slightest thing i may have missed, i did a lot for the company they left me with bills that have to be paid and rent and car payments that i got bc i wanted and got this job. they didnt do it right is what i think.
forced arbitration across pretty much everything needs to be done away with. If you need a lawyer to understand things then its criminal imo.
Can you get terminated for having headphones on your head and not on your ears well working with customers at checkout in any at will state ? Asking for a friend
Violating a perfectly legal company policy is a perfectly valid basis for termination. Sounds like you learned this the hard way.
All the micromanager has to do is to come up with a good reason that's not illegal. Like he could say the employee was outside smoking or was outside talking rather than working and he's been warned several times about it but yet even though you had never gotten a single verbal warning or a ride up slip he can automatically fire you just because he doesn't like you or just because you said something to upper management.
However, you could also come up with a reason to fight back and say the employer is firing you because if race, gender or sexual orientation. At will employment doesn't cover that. You may still get fired, but at least there's an investigation that could work in your favor.
Excellent video. I have corrected co-workers and subordinates for years about this. I have always told them that they can fire you for NO reason without notice at any time, but if they give a reason or one can be reasonably implied by their actions and statements, then that reason MUST be legal under the law. I've also pointed out that the same is true for them as employees. Giving notice before leaving is not required, but it is a courtesy that should be observed if possible. Unless you've seen management let people go immediately or mistreat them when they give notice. I've seen plenty of that.
No matter how toxic the leadership of an organization is, I try to give some notice that I'm leaving, though. Not for the benefit of the people I work for, but for the benefit of the people I work with. My sudden absence might make their life harder, and most of the time I do have some loyalty towards my co-workers no matter how contemptible management may be.
An employer can lie about the reason for firing you. I believe at least one employer did to me.
They do it all the time, they’re scum. It serves them right when/if a disgruntled ex employee comes back to punch the clock with a .45
Thank you for sharing this viable information. IMO, the problem lies with the average person who only retains image and not detail. They only see the bait and not the hook.
But how can you prove you got fired for race lol
At will shouldn't exist. Everyone should be under a contract. No risk of losing your job because the boss's best friend doesn't like you.
I live in Ohio and Ohio is an at will state. Most people live in constant fear that they're going to lose their job because of Life events such as illness or problems with child daycare. It is just anxiety inducing.
Every time that I was employed, I took precautions to make certain that my performance on the job was outstanding, and I was always on time and punctual. However, there would always come a time when I'd get approached by a homosexual, and, just as soon as I rejected his advances, I would be terminated. Always, in every single case, the unemployment office would rule in my favor. Never once was my benefits get denied, and that proves a pattern of relentless harassment. I live in Hammond, Indiana. There are very evil people in my neck of the woods. It has been very difficult for me to survive.
Hi Branigan, I’m wondering if this is applicable to offshore staffing as well. Since the pandemic, there are multiple recruiters that are located in the US, that hires remote workers in other countries, to work for the employers/clients. The contract states that these remote workers are “at-will employees”. Hope you can make a video about it so we can understand more. For instance, how is the remote employee protected if there’s an illegal termination. Should a remote worker hire a US lawyer if the recruiter/company is in the US?
That depends on the country and jurisdiction. I work payroll in Canada and can tell you that the concept of at-will employment simply does not exist here. Even if you are paid as a foreign worker only temporarily in Canada you have rights that the CRA will enforce zealously.
It is not a perfect system but is a world of difference, if anything it sometimes overprotects employees. I have helped service Canada untangle a few case over the last four years and many a US employer has had a very nasty surprise when they thought they could enforce their at-will work contracts. Mostly small or medium companies that have just a handful of reps in Canada and do not know the law.
Brandon thank you so much for all of the valuable information you provided. I was injured at work as an employee for the state. I was injured while working.and then fired. To try and seek help from an attorney here in the state of Texas is absolutely impossible. Let me tell I am not a lawyer nor a paralegal. However having had friends that were lawyers gave me and taught me about laws in Texas. I have helped many of people with issues they had. This is why I watch videos as your because they provide some helpful information.
Can you make a video about how attorneys conduct investigations for wrongful termination i.e pretext termination
More companies NEED unions. I consider a union like personal lawyers that fight for employees. A few years back my husband worked for a company for many years and was in a car accident. His knee needed stitches and was unable to work for weeks. He handed in Dr notes and called in everyday remind them. They TRIED to terminate him cause HR didn't do their job to mark his absence as excused from a doctor. We went to his union and they handled it right away and was able to go back to work. The union owner was disgusted and angry on how they treated my husband and told him he will handle it and he sure did. HR was yelled at and they immediately apologized to my husband lol.
I personally believe this law is abused by companies and they should definitely change it. Companies need to understand people have finances and family. To let people go without a logical explanation is ridiculous.
He is a good teacher
in addition to being a good lawyer, he makes excellent videos that everyone could understand. I never heard of this term, 'At- Will' before, and I was a political science major, again thanks for all your great videos.
Great marketing. I sincerely wish you success in all of your litigations. I love taking down bullies…with clean hands.
Are you an attorney? I'm looking to hire one. Bullying, age discrimination.
Before watching, at-will means my employer can kick me to the curb whenever it is convenient for them.
LOVE IT ! YOUR VIDEOS HELPED ME TO KEEP MY JOB (BY NOW) hahah
Everything seems to be in the wording. They don't say terminated in California. You can just get "Laid off"
That's incorrect. They can call a termination whatever they want. If doesn't matter if they say: "separated," "laid-off," "managed out," "restructured," "position eliminated," "fired" or "terminated." It's all the same. The person has been involuntarily released from employment. The key is to prove that the termination was motivated by unlawful means. If so, the fired employee might have a case and should call an attorney to find out.
I may be fired for a white lie. What are my rights?
They are allowed to fire you for lying, no matter how small it is.