Q: I know Florida is an employment “at-will” state. I’ve seen the term on applications and employee handbooks. But what does that really mean?
A: It simply means that (in the absence of an employment contract) either the employer or the employee can sever their employment relationship “at-will”, with or without reason or notice.
Now, just because something is technically legal, doesn’t mean it’s a good idea. And it certainly doesn’t mean it’s good business practice. In fact, in this case, the opposite is true. I would discourage both employers and employees from exercising their “at-will” prerogative, since it brings so many disadvantages.
For Employers
If, as an employer, you choose to fire people willy-nilly, it makes the remaining workforce nervous (read less productive), giving you a reputation as an unpredictable, erratic decision-maker. Pretty soon, you won’t be able to attract or retain good people.
Additionally, if you fire someone without reason or notice “because you can”, it doesn’t mean they can’t allege that you actually had a reason, a discriminatory reason. Then, you’ll spend a chunk of cash defending your “legal” decision.
For Employees
You won’t fare much better as an employee who quits without notice or reason. First, you’ll probably forfeit whatever vacation you had accrued if you leave suddenly. Plus, when you walk off the job, your chances of being granted unemployment benefits by the state are almost nil. Lastly, you’ll burn a bridge, you won’t get a good reference and will have dinged your good name.
Yes, it’s true that employment lawyers and human resources professionals like me advise companies to include some version of “at-will” language on their applications and employee handbooks. But to me, that’s more about both parties making it clear to each other that no one is making promises or guarantees about the future of the employment relationship, than it is about each party having the right to abruptly and rudely inconvenience each other without reason.
Employers should always have a good lawful reason for terminating employees and do so with dignity. Conversely, employees should always leave on good terms, and give appropriate notice. Let’s concentrate more on “good-will” rather than “at will”.
© Copyright Eva Del Rio
