"At will employment" have you heard of this?

woody62, RN · Aug 24, 2007

I have been taking a healthcare policy class and your post caught my eye as I recently did some reading on "at will" vs. contract/union.
Here's some history on the term "at will":
The site timslaw.com describes "at will" as a legal term that goes back to about the 1800s and refers to a relationship between an employer and the employer's free workers (who were not indentured servants, nor slaves) who were free to quit (on the other hand, their employer was also free to fire them at any time). Timslaw.com notes that in the 1800s, people began to sue their employers and the courts began to write opinions using the "at-will" phrase...
...
Timslaw.com also notes that today, employment at-will usually refers to those who "lack an employment contract (or union contract) that limits the employer's right to fire you, or if you are not a government employee with mandated job protections." Further, the site above notes, "If the employer terminates an "at-will" employee wrongfully, the employee may be able to collect damages."
SOURCE: http://www.timslaw.com/atwill.htm

You are correct but as previously stated. it is difficult to prove that you were fired because of a protected class. I worked in a state with a union contract and I also worked in a state protected by 'right to work', both in management positions. In the state where the employee was protected by contract, there were very specific steps I had to take before terminating an employee. And even then, it did not protect us from lawsuits and union grivances, for wrongful termination. In the right to work state, I terminated an employee at his third counseling session. He had been given verbal warnings twice and written one, as well as a specific date to change his behavior. He did not and was fired. He never brought a lawsuit aginst me or our employer. But if he had, I feel we would have won, given the steps I had taken and the timetable I had given him.

Woody:balloons:

Editorial Team / Admin · Aug 24, 2007

Originally Posted by sirI
Check with your entity's employee policy manual. Normally this is outlined (notice given for resignation).
Management can be 30 days. Staff positions, 2 weeks.
Unless you have agreed to some additional terms of employment, an employee policy manual's "suggestions" for notice would not be binding on the employee wanting to quit. Again, it might be poor form, but not illegal.

Correct. Very, very unprofessionally poor form.

santhony44, MSN, RN, NP · Aug 24, 2007

"At will" or not, it pays to be more gracious than necessary when ending a job. Unless there are extenuating circumstances, like serious illness or death, give at least the minimum notice and do so in such a way that you aren't burning any bridges.

Even if you think there's no way in h*** you'd go back to a particular facility, you never know who you might encounter at another facility sometime in the future. The person you tick off today could be the one in charge of hiring for your dream job 10 years from now.

feebebe23 · Aug 24, 2007

In Texas.....which is an "at will" state. When someone calls to check your reference they can confirm dates of employment and state weather you are "eligiable for rehire" or "not eligable for rehire"

Just because you gave your 2 weeks notice.....They can say that you are "not eligible for rehire" for any reason. When someone says "not eligible" it makes it sound like you were fired.....

In Texas there are no laws that protect a good nurse who just decided to move on.....

happybunny1970 · Aug 24, 2007

In Texas.....which is an "at will" state. When someone calls to check your reference they can confirm dates of employment and state weather you are "eligiable for rehire" or "not eligable for rehire"
Just because you gave your 2 weeks notice.....They can say that you are "not eligible for rehire" for any reason. When someone says "not eligible" it makes it sound like you were fired.....
In Texas there are no laws that protect a good nurse who just decided to move on.....

This is absolutely true... and not only that, I had an experience where a prospective employer was attempting to verify employment and the former employer refused to either confirm or deny that I had ever worked for them -- I ended up submitting copies of 1099 forms to prove the employment. I spoke with the Attorney General's office and the Texas Workforce Commission and this is what I was told: Because Texas is an 'at will' state, a former employer can say or NOT say anything they want (including gory details) AS LONG AS IT IS NOT AN OUTRIGHT LIE THAT CAN BE DISPROVEN (in which case, you can sue). And you're right... it makes it seem like there was some horrid reason why you are no longer employed with a company, even if it was nothing more than a personality conflict, or heaven forbid just a better opportunity. And there is one hospital in this area that marks EVERYONE who leaves for ANY reason as 'ineligible for rehire.' (we have a few local nursing school where they recruit heavily every single season, so they don't seem to care who they hurt).

Ultimately, you are only responsible for yourself and your own actions, and it always pays to act in a professional manner and do your best to give adequate notice. Granted, there are situations where you may give that two to four weeks notice, only to be asked to leave immediately, but at least you can say you did the right thing.