Terminating the Employment Relationship

discipline at-will employees for cause is no right at all. In fact, it may have the practical effect of eliminating the status of at-will employment, since the only distinguishing feature of such employment is the ability to dismiss without cause.

It is essential for a public employer to ensure that its rules and practices are consistent with the formal legal definitions regarding which employees are at-will and which are for cause. For cause rights can be created unintentionally for an otherwise at- will employee when an agency’s rules significantly constrain management’s ri ght to discharge or discipline the employee. If classification titles are changed or new classifications are created, the rules should be altered to reflect the intent of the legislative body regarding the status. Failure to do so may result in the agency losing its discretion to dismiss at-will employees without advanced notice.  Review charter, ordinance, and personnel rules to determine whether a position is classified as civil service or at-will.  Revise or modify charters, ordinances, personnel rules and/or regulations to prohibit oral or implied contracts of employment.  Revise job announcements, employment applications and employee evaluation forms to reflect an at-will relationship.  Delete language in department manuals, employee handbooks and/or employee evaluation forms that could be construed to require continued employment absent cause for discharge. b. Checklist for Preserving At-Will Employment

 Make sure there are explicit exceptions for at-will employe es in any “for cause” language.

 Avoid making written or oral representations to the effect that cause is required for discharge.  Eliminate any reference to a probationary period in hiring documents for an at-will employee.

 Have at-will employees sign at-will acknowledgment forms or contracts at the time of hire.

 Confirm the employee’s at -will status in all correspondence regarding employment.

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Emphasize employee’s at -will status in orientation.

c. Terminating At-Will Relationships At-will employees do not have a property interest in their employment, and therefore there is no “for cause” standard applicable to their possible discipline. In other words, they do not have the right to pre-disciplinary due process under Skelly , or to a post-disciplinary appeal hearing. Therefore, local rules should not provide any post-disciplinary appeal procedure for at-will employees. Doing so may change their status from at-will to for cause.

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 11