Illinois Employment At Will Policy

• Category: Employment - Policies and Procedures
• State: Multi-State
• Control #: US-02982BG
• Format: Word; Rich Text

Description

In most instances, the employment contract will not state its expiration date. In such a case, the contract may be terminated at any time by either party. Ordinarily a contract of employment may be terminated in the same manner as any other contract. If it is to run for a definite period of time, the employer cannot terminate the contract at an earlier date without justification. If the employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason.

Illinois' Employment At-Will Policy is a legal doctrine governing the nature of the employer-employee relationship in the state. Under this policy, either the employer or the employee can terminate the employment relationship at any time, with or without cause, and without any prior notice. This means that an employer is not required to provide a reason for termination, and an employee is not obligated to provide a notice period before leaving a job. The Illinois Employment At-Will Policy is rooted in common law principles and is presumed to be the default employment relationship in the absence of an explicit contract stating otherwise. However, there are exceptions and limitations to this policy that offer some protections to employees. One type of exception to the Employment At-Will Policy is implied contracts. If an employer provides written assurances or makes promises of continued employment, explicit or implicit, this may create an implied contract that supersedes the at-will relationship. Similarly, if an employee handbook or policy manual outlines specific termination procedures or grounds, it may create an implied contract that restricts the employer's ability to terminate without cause. Another exception is the public policy exception. Under this exception, an employer cannot terminate an employee for reasons that violate public policy, including discriminatory actions or retaliation for reporting illegal activities. For example, an employer cannot fire an employee for whistleblowing or for refusing to engage in illegal activities. Furthermore, Illinois recognizes the covenant of good faith and fair dealing, which imposes an obligation on employers to act fairly and in good faith when terminating employees. This means that an employer should not terminate an employee with the intention of avoiding paying commissions, bonuses, or other forms of compensation owed. It is important for both employers and employees to be aware of the Illinois Employment At-Will Policy and its exceptions. Employers should ensure that their employment agreements and policies are properly drafted to maintain the at-will relationship, or, if they choose to create contractual obligations, include clear language outlining the nature of employment termination. Employees should familiarize themselves with their rights under the policy, especially if they believe they were terminated in violation of public policy or other exceptions. In summary, the Illinois Employment At-Will Policy allows employers and employees to terminate the employment relationship at any time, with or without cause, and without prior notice. However, exceptions such as implied contracts, public policy violations, and the covenant of good faith and fair dealing provide certain protections for employees. Understanding these nuances is crucial in navigating the employer-employee relationship in Illinois.