Privacy, Business and Law

If an employer intends the employee to be employed at-will, the employment application should clearly disclose the at-will nature of the position. Applications should also require that applicants acknowledge, in writing, that they have been informed of and understand that if they are hired, they may be terminated at any time with or without cause or notice. Make sure that every applicant reads and signs the application.

Express and implied contracts are also created during the interview process. Interviewers should avoid using any language that could be construed as a promise of continued employment, such as “career,” “permanent,” “as long as…,” and “secure.” Similarly, any written employment offer should clearly make the employment relationship terminable at the will of either party, with or without cause, and should not contain language from which the employee could infer a guarantee of employment for any length of time. Written employment offers should not provide for probationary periods, describe the position as permanent, or specify reasons for termination. Finally, a written offer should state that it constitutes the entire agreement and that modifications can only be made in writing. If a written offer is used, the employee should be required to sign it before commencing employment.

Finally, both the employment application and interviewers must avoid any inquiry likely to elicit information which cannot be used to make an employment decision, such as questions from which the age, race, religion, etc., of the applicant can be discerned. Questions, for example, about family plans, family size, or child care are to be avoided.