Matt VaadiCEO at guHRoo | We help small businesses build HR growth infrastructure (People + Tech + Benefits)

Can you fire someone any time you want in an at-will state? Yes… BUT…

Name: Can you fire someone any time you want in an at-will state? Yes… BUT…
Uploaded: 2023-08-10T16:41:10+00:00
Duration: 46 s
Channel: Matt Vaadi
Description: In this brief segment, the speaker clarifies that while an at-will employment framework permits employers to terminate employees at any time, it also…

10 Aug 2023 · 1 min

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In this brief segment, the speaker clarifies that while an at-will employment framework permits employers to terminate employees at any time, it also operates within a right‑to‑sue jurisdiction. Consequently, terminated workers can file lawsuits for any alleged reason, and the legal burden rests on the employer to prove the termination was lawful. The speaker advises employers to meticulously document every performance discussion—positive or negative—and maintain up‑to‑date records. Such documentation serves as evidence of employee development and provides a defensive shield should a lawsuit arise, encapsulating the adage “everything’s good till it’s not.”

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I can fire anyone I want anytime. It's an at-will state after all, right, Matt? Well, it is an at-will state, but it's also a right-to-sue state. So that means that anyone you terminate can decide that they want to come back and sue you for any reason that they want, whether that's valid or invalid. And guess who the burden of proof is on? The burden of proof is on the employer. So make sure you're documenting all your conversations with your employees. Make sure that you're keeping up-to-date records anytime you have a performance conversation, whether it's good or whether it's bad. It's best practice. That way you can look back, see the growth and development of your employees, and then if anything ever goes wrong, you've got the documentation in place. It's like we always say, everything's good till it's not.