In most instances, an employment contract will not state its expiration date. In such a case, the contract may be terminated at any time by either party. 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. Some State Courts and some State Legislatures have changed this rule by limiting the power of the employer to discharge the employee without cause.
The Nebraska At-Will Employment Agreement refers to the employment relationship between an employer and an employee that can be terminated by either party at any time, with or without cause, and without any prior notice. This legal concept is based on the premise that both parties have the freedom to terminate the employment relationship without any contractual obligations or liability. Under the At-Will Employment Agreement in Nebraska, employers have the right to terminate an employee for reasons such as poor performance, misconduct, violation of company policies, or any other legitimate business reason. Similarly, employees also have the choice to resign or leave their job without providing a reason or notice to their employer. However, it is important to note that the At-Will Employment Agreement does not provide employers with absolute power to terminate employees for illegal or discriminatory reasons. Termination based on race, gender, religion, age, disability, or other protected characteristics violates federal and state anti-discrimination laws. Therefore, an employer must ensure that any termination is not in violation of these laws. While the Nebraska At-Will Employment Agreement allows for the termination of employees without cause, it is also possible to have employment contracts that do specify specific terms and conditions for termination. In these cases, the agreement may outline the notice period required for termination, severance pay entitlements, or grounds for termination, which provide additional protection to employees beyond the standard At-Will Employment Agreement. Aside from the general At-Will Employment Agreement, there are various other types of employment agreements recognized in Nebraska. Some common examples include: 1. Contractual Employment Agreement: This type of agreement specifies the terms and conditions of employment, including salary, benefits, duration of employment, expectations, and grounds for termination. It is typically used for executives, high-level employees, or specialized roles. 2. Union or Collective Bargaining Agreements: Contracts negotiated between employers and labor unions on behalf of workers, outlining employment terms, conditions, wages, benefits, and grievance procedures. These agreements provide added protection to employees with union representation. 3. Implied Contractual Agreements: Although not explicitly stated in writing, implied contracts can be inferred from employer policies, handbooks, or verbal assurances. If an employee can prove that the employer made specific promises or provided guarantees of continued employment, it may override the At-Will Employment Agreement. 4. Probationary Employment Agreement: Employers may choose to have a probationary period at the start of employment. This period allows employers to evaluate an employee's performance and suitability for a permanent role. During this period, the At-Will Employment Agreement still applies, providing flexibility for termination if necessary. In summary, the Nebraska At-Will Employment Agreement allows both employers and employees to terminate the employment relationship without cause or notice. However, it is crucial for employers to ensure compliance with anti-discrimination laws and to be aware of other types of employment agreements that provide additional protections to employees.
