ARUN VERMA

At-will employment is a term used in U.S.

labor law for contractual relationships in which
an employee can be dismissed by an employer
for any reason (that is, without having to
establish "just cause" for termination), and
without warning. When an employee is
acknowledged as being hired "at will", courts
deny the employee any claim for loss resulting
from the dismissal. The rule is justified by its
proponents on the basis that an employee may
be similarly entitled to leave his or her job
without reason or warning. In contrast, the
practice is seen as unjust by those who view the
employment relationship as characterized
by inequality of bargaining power.
At-will employment gradually became the default rule under
the common law of the employment contract in most states during the
late 19th century, and was endorsed by the U.S. Supreme
Court during the Lochner era, when members of the U.S. judiciary
consciously sought to prevent government regulation of labor
markets. Over the 20th century, many states modified the rule by
adding an increasing number of exceptions, or by changing the
default expectations in the employment contract altogether. In
workplaces with a trade union recognized for purposes of collective
bargaining, and in many public sector jobs, the normal standard for
dismissal is that the employer must have a "just cause". Otherwise,
subject to statutory rights (particularly the discrimination prohibitions
under the Civil Rights Act), most states adhere to the general
principle that employer and employee may contract for the dismissal
protection they choose. At-will employment remains controversial,
and remains a central topic of debate in the study of law and
economics, especially with regard to the macroeconomic efficiency of
allowing employers to summarily and arbitrarily terminate employees.


Definition
At will employment is generally described as follows: "any hiring is
presumed to be 'at will'; that is, the employer is free to discharge
individuals 'for good cause, or bad cause, or no cause at all,' and the
employee is equally free to quit, strike, or otherwise cease work." In
an October 2000 decision largely reaffirming employers' rights under
the at-will doctrine, the Supreme Court of California explained:
An employer may terminate its employees at will, for any or no
reason ... the employer may act peremptorily, arbitrarily, or
inconsistently, without providing specific protections such as prior
warning, fair procedures, objective evaluation, or preferential
reassignment ... The mere existence of an employment relationship
affords no expectation, protectable by law, that employment will
continue, or will end only on certain conditions, unless the parties
have actually adopted such terms.At-will employment disclaimers
are a staple of employee handbooks in the United States. It is
common for employers to define what at-will employment means,
explain that an employees at-will status cannot be changed except in
a writing signed by the company president (or chief executive), and
require that an employee sign an acknowledgment of his or her at-will
status.

Every company and organization has a Hire and Fire
policy. This means the rules and regulations that they
use to hire people for jobs in their
company/organization and reasons for which they fire
them, or for which they can lose their jobs in a
particular company/organization.

When you apply for a job, you usually look at their
hiring policy--e.g., what sort of degrees/qualifications
they want, what sort of people they want, what
benefits and other things they offer etc. When
someone is given a job in a company/organization it
is always advisable to read and understand their
Firing rules/policy-- the things that you do or dont do,
which can lose you your job. For example, if a
company has a 'no-smoking' policy and you smoke in
the office, you might get a warning or get fired. If you
get a warning and do it again, next time youll be
definitely fired.
Pros:
Enables your business to adjust more easily and quickly to workload
fluctuations Temporary help agencies can quickly provide your
business with qualified staff. Some common reasons companies
hire temps:
Employee absences: illness, vacation, maternity or disability leave,
sudden departure
Unexpected or temporary demands: special projects, seasonal or
peak periods, employee shortages

Maintains staffing flexibility:
With the popularity and staying power of flexible work arrangements,
employers need to stay current with the needs of todays work
force. Temporary work is just one of the ways that businesses can
offer flexibility and at the same time better meet their own needs.
Representative Denise Ridenour of renowned Kelly Services
foresees that the employment pool will increasingly include a mix of
temporary and full-time employees. The result is a more efficient
workplace, a more flexible job market, and greater opportunities for
both employers and employees. Additionally, improving productivity
enhances a companys bottom line and employee job security.

Can evaluate worker without commitment Based on your
evaluation or preferences, you can employ a temp for a
designated short term or, if desired, offer a full-time
position to a worker who suits your business. Some
businesses employ temporary workers as an excellent
and cost-efficient way to recruit and test the abilities of
new workers before signing them on full-time. Other
companies will repeatedly use the services of a temp
worker who has proven to be a company asset. Hiring a
temp can also be a good way to continue getting work
done while you search for the perfect candidate for a
particular job. If unsatisfied with a temps work
performance, all you need do is contact the temp
agency and they will take care of the rest.
Can save time and money: The cost of hiring temp
workers is often cheaper than the cost of hiring
permanent employees with benefits. In the short term, it
is generally more cost-efficient to hire a temp. For jobs
that are expected to last six months or longer, it may pay
to hire a full-time employee.
When you employ an agency, it not you becomes the temp workers
employer. The agency is responsible for and bears the financial burden of
recruiting, screening, testing and hiring workers; payroll expenses and
paperwork; payroll and withholding taxes; unemployment and workers
compensation insurance; and any employee benefits they may wish to
provide. Some agencies even provide training such as software application
tutorials.

Temporary employees can provide specialized skills to all types of industries
Temporary help agency workers are now employed in virtually every
industry. Traditionally, companies sought temporary workers for lower-skilled
positions. Today temporary workers increasingly include highly skilled
individuals with a wide range of educational backgrounds and work
experience. These individuals can tackle critical one-time projects that are
limited in time and scope. In the field of Law alone, recent years have seen
a dramatic growth and acceptance of hiring lawyers on a temporary basis.

Can lead to a long-term positive relationship with staffing agency
When you find a temp agency that provides timely and quality service and
referrals, and is experienced and accommodating, you may want to work with
them exclusively. A good relationship with your temp staffing provider will go
a long way toward meeting your company needs.

Cons
Training Needs
Every time a temp starts a new work
assignment no matter how skilled or unskilled
a certain amount of training is required in
order for them to perform their assigned tasks to
suit the specific needs of that company. Of
course, if the same temp is brought back again,
this might not be required.
Morale Issues
Morale and employee relations problems can
arise when you have temps working alongside
permanent employees for months, doing the
same work and putting in the same hours, but
not receiving the same benefits afforded their
permanent employee coworkers.

Safety Issues
Certain types of jobs are inherently dangerous and
require careful safety training. Studies show that
frequency and severity rates of on-the-job injuries are
significantly higher with temporary workers. No matter
what a temps experience is, care must be taken to see
that dangerous tasks are performed safely. Never
assume a temporary worker is fully prepared to work
unsupervised until you have taken the time to see that
they can safely perform their work tasks.
Legal Concerns
Recent court decisions have highlighted the fact that
businesses must be careful how they contract for
temporary staff. There must be no doubt about the
workers status and about the lack of eligibility for the
benefits of permanent employees. And treat temp
workers with the same respect and care you would for
your permanent staff.