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SoVeryConfused
06-28-2006, 07:31 AM
Just received new policy and procedure manual where i work. Notice on several of the pages the quote "at will law". Which has me thinking I can be termintated from my job for any little thing. If they decide they want to terminate my services. Is this just a way to terminate someone who has been with their company for 15 plus years? Also, if they terminate my services what about my benefits that I have accumlated for ex. say I have paid time off, That i haven't used and supposely its in a so called reserved
to be used when ever I need it. But still accumalating pay time off. Will that all be lost when they terminate me. This sucks I feel. But supposely its a law. :eek:

cbg
06-28-2006, 07:47 AM
Every state in the US except Montana, and even Montana in some circumstances, adheres to the at-will doctrine (it's not technically a law) that says that either you or the employer can terminate the employment relationship at any time and for any reason that does not violate the law. Unless you've been operating under a contract that says otherwise, you've been an at-will employee all your life; it's just that you didn't know it. Everyone in the US except for some employees in Montana is an at-will employee unless there is a contract that says they aren't.

Being an at will employee means that you can quit at any time, for any reason, with or without notice; and your employer can fire you at any time, for any reason that is not prohibited by law, with or without notice. But as I said, you've always been at-will; it's just that now you know it. Nothing's changed.

Being an at-will employee has no affect on your benefits. Whatever state law or company policy determines will stand. We don't know if that time will be lost if you are terminated; that will be determined by company policy (since your state does not prohibit it). But your being at will doesn't affect how it wil be handled.

Pattymd
06-28-2006, 07:52 AM
It's not a law as such, but it is the default for employees in every state except Montana, and even there in some situations. Short of a bona fide, enforceable employment contract, the concept of "at-will employment" is that you may quit at any time for any reason, and the employer can discharge you at any time for any reason that is not prohibited by law.

There is no provision in Mississippi law regarding payout of accrued vacation at termination. Therefore, it is up to the employer's policy.

Pattymd
06-28-2006, 07:57 AM
jinx again, cbg :D

SoVeryConfused
06-28-2006, 08:51 AM
This was pay time off that was accured from low staffing. Being unable to take off they decided to put it in a reserved that we can use I feel "at will"
laughing out loud here. Well I think its just a way to take employees benefits. So they would not have to pay them. Just my way of thinking. :rolleyes:

cbg
06-28-2006, 08:59 AM
Then you're wrong. Whether your employment is at will or not has nothing whatsoever to do with your benefits.

SoVeryConfused
06-28-2006, 09:02 AM
OOh well first it was you had to give a 2 weeks notice before you leave the company you work for. Or, you lost your pay time off that you accured. Now in the new policy it has nothing saying about your benefits you accured. Only the quotes of "at will" over and over :rolleyes:

cbg
06-28-2006, 09:12 AM
But that has to do with company policy, not with your employment being at will. I keep telling you, the ONLY thing the at-will doctrine addresses is under what circumstances you can quit or be fired. It has NOTHING to do with how your benefits are handled.

If your employer has chosen to make a change to how benefits are handled, that's his right. But the at-will doctrine does NOT grant him that right.

SoVeryConfused
06-28-2006, 09:30 AM
Ok we shall see. But i seen it before, so lets just see what happens. "At will" :p

cbg
06-28-2006, 09:47 AM
What you don't seem to be grasping is that you were an at-will employee under the old policy too.

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