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Employment

At-will employment clause: meaning and sample wording

An at-will clause states that either the employer or the employee can end the employment at any time, with or without cause or notice, as US law generally allows.

When to use it

Used in US offer letters, employment agreements and handbooks to preserve at-will status and prevent an argument that employment was for a fixed term.

Sample at-will employment clause

Your employment with the Company is at will. This means that you or the Company may terminate the employment relationship at any time, with or without cause and with or without notice.

Nothing in this letter or in any Company policy, handbook or practice creates a contract of employment for any particular period. The at-will nature of your employment may be changed only by a written agreement expressly stating that it does so, signed by you and the Company's Chief Executive Officer.

What to check

  • US only, mostlyAt-will employment is a US concept, and Montana requires good cause for dismissal after a probationary period. Elsewhere, notice periods and unfair dismissal rules apply instead.
  • Do not contradict itPromises of job security in the same letter or the handbook, such as "permanent position" or a guaranteed term, can undermine at-will status.
  • At will is not unlimitedDismissal for discriminatory or retaliatory reasons, or in breach of public policy, is still unlawful.

Make the variable parts fill themselves in

In a Word template, replace the details that change with {tags} and wrap optional wording in a section. Clausery turns them into questions, so each document only includes the parts that apply:

{#is_us_employee}
Your employment with {company_name} is at will: you or the Company may end it at any time, with or without cause or notice.
{/is_us_employee}

Paste this into your own template, then check it with the free template tag checker or read the template syntax.

Questions

Does at-will employment apply outside the United States?

No. Most other countries require notice, a fair reason or a fair process to dismiss an employee, and the clause has no effect there.

Which US state is not at will?

Montana. After a probationary period, its Wrongful Discharge from Employment Act requires good cause for dismissal.

Can I use this sample wording as it is?

It is a general starting point. Contract law differs between countries and states, and the right wording depends on the deal, so have it reviewed before you rely on it.

Free templates that use it

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Clausery turns your Word templates into short questionnaires and builds the finished document in your browser. Nothing is uploaded, and every library template is free.

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This page is general information, not legal advice. Laws differ between countries and states; have wording reviewed for your situation before you rely on it.