Employment At Will Agreement

In today's corporate world and beyond, most employees are hired under Employment-At-Will Agreements. Of course, there are some exceptions, but most people enter the workforce with a clear understanding that they could be asked to leave at any point and for no reason.

On the other hand, the Employment-At-Will Agreement allows the same freedom to the employee in return. They can choose to resign whenever they want and without having to provide a reason for leaving.

What Is an Employment-At-Will Agreement?

In reality, both employers and employees rarely leave the company without notice from either side. However, the Employment-At-Will Agreement means they are entitled to such action if they choose to pursue it.

The Employment-At-Will Agreement is not all that different from a standard employment contract, only that it allows more flexibility to both parties signing it. The document should contain detailed terms of the agreements and the employee's obligations. 

Even though an Employment-At-Will Agreement might sound as if the employee can lose their job for no reason at some point, that is rarely the case. The formulation of the agreement is considered a mere legal formality.

Other Names for Employment-At-Will Agreement

Depending on your state, and Employment-At-Will Agreement may also be known as:

• Employee At-Will Agreement
• At-Will Contract of Employment
• At-Will Job Contract
• Employment Agreement

Who Needs an Employment-At-Will Agreement?

Essentially, anyone who is hiring may need an Employment-At-Will Agreement. Human resources departments usually have one ready to go when a new employee joins the team. An employee can draft an agreement, too, if the employer agrees with the terms.

Why Use Swyft Forms for Your Employment-At-Will Agreement

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Employment-At-Will Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create an Employment-At-Will Agreement with Swyft Forms

Any employer could use an Employment-At-Will Agreement. It is essential to make sure the document's baseline is the same for every employee, and the best way to do that is with a template.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Employment-At-Will Agreement?

To create your document, please provide:

• Employer Details: The legal name of the company or employer, location, and contact information.
• Employee Details: The legal name of the employee and contact information. 
• Effective Date: The date when the agreement goes into effect.
• Governing Law: The state's law used to interpret the contract.
• Obligations: A detailed list of the employee's responsibilities.
• Compensation: The wage the employee will get in return for services.
• Benefits: List all of the benefits included in the agreement.
• Duration: Specify the time of the contract.
• Other Provisions: Include any additional clauses such as non-compete or non-disclosure.
• Signatures: Both parties are required to sign the agreement.

Employment-At-Will Agreement Terms

• At-Will: At one's will
• Public Policy: A principle stating that no contract can be legal if it injures public good 
• Promissory: A promissory statement (promise) 
• Whistleblowing: Drawing attention to wrongdoing or unethical activity
• Resignation: A decision of the employee to leave the job
• Termination: A decision of the employer to can the employee
• Arbitration: The process of settling a dispute outside the court
• Non-Compete: An agreement to not compete against the employer's business 
• Non-Disclosure: An agreement to not reveal any trade secrets or proprietary information of the employer
• Exclusive Employment: An understanding that the employee will only work for one employer at a time.

Employment-At-Will Agreement Signing Requirements

To make it legally binding and enforceable, both the employer and employee must sign the Employment-At-Will Agreement. In general, witnessing or notarization is not required.

What to Do with Your Employment-At-Will Agreement

After both parties sign the Employment-At-Will Agreement, they should each receive a signed physical copy. The employer will add their document to the HR database, and the employee should keep his or her copy somewhere safe.