--- title: How employers should approach at-will employment description: At-will employers should avoid using a one-size-fits-all approach when disciplining and terminating employees. --- [![BCN Services](https://info.bcnservices.com/hs-fs/hubfs/raw_assets/public/BCN_Services_August2020/images/bcn-logo_blue_low-res_281-300x173.jpg?width=1200&height=200&name=bcn-logo_blue_low-res_281-300x173.jpg "BCN Services")](https://www.bcnservices.com/) - Menu Item 1 - Sub-menu Item 1 - Another Item - Sub-menu Item 2 - Menu Item 2 - Yet Another Item - Menu Item 3 - Menu Item 4 - Menu Item 1 - Sub-menu Item 1 - Another Item - Sub-menu Item 2 - Menu Item 2 - Yet Another Item - Menu Item 3 - Menu Item 4 [Search](https://info.bcnservices.com/?s=) # [BCN Services Blog](https://info.bcnservices.com) You are here: [Home](https://www.bcnservices.com) / [BCN Services Blog](https://info.bcnservices.com) / How employers should approach at-will employment ## [How employers should approach at-will employment](https://info.bcnservices.com/how-employers-should-approach-at-will-employment) January 23, 2020 At-will employment means that either employer or employee can end an employment relationship at any time, with or without notice, and with or without explanation. But employers should beware of using it in the same way in all situations. At-will employment is not a one-size-fits-all solution for employers parting ways with an employee. Employers must comply with all federal, state, and local anti-discrimination laws. And employers firing an employee in a protected case should tread carefully if citing at-will employment as the separating reason. Michigan, as well as many other states, recognize at-will employment status although some states have exceptions for public policy or implied contract. ## What at-will employment does At-will acknowledges that the employment relationship between employee and employer is voluntary. In other words, at the will of both parties. In lieu of any contract or employment agreement, it defines the employment relationship and either party can choose to end the relationship at any time, for any reason. ## What at-will employment doesn’t do At-will employment [does not protect an employer](https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/employment-at-will-isnt-a-blank-check-to-terminate-employees-you-dont-like.aspx) from wrongful discharge claims or unemployment charges and will not suffice as a reason when responding to an EEOC complaint. In fact, failure to provide a discharged employee with a reason for terminating their employment allows them to draw their own conclusions, perhaps one that reflects negatively on the employer or opens the employer up to agency inquiries. ## Probationary periods do not offer legal protections Employers relying on [probationary periods](https://www.lawyers.com/legal-info/labor-employment-law/human-resources-law/what-is-a-probationary-period-and-how-does-it-work.html) as a reason for termination can run into similar obstacles. There are not any legal protections for the employer that uses a “probationary period” as a reason for terminating an employee. In fact, [according to the Society of Human Resources Management (SHRM)](https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/legal-implications-of-probationary-periods.aspx), probationary periods may weaken an employer’s at-will status. Courts have determined that employees that successfully complete a probationary period may have additional job protection. To protect your at-will status as an employer, use an introductory period or training period for employees in transition and address any performance issues promptly. ## Recommended solution for documenting employee performance Stop using a Probationary Period for new or non-performing employees. When terminating an employee, don’t rely on the fact that your company is an at-will in employer. Have documented business or performance reasons when terminating individuals. When terminating an employee for performance, be sure that your concerns have been communicated to the employee and have a witness and/or the employee’s signature acknowledging the conversation(s). [Progressive discipline](https://www.thebalancecareers.com/what-progressive-discipline-1918092)is always the best course of action when terminating for non-performance. There are always exceptions. Before you separate an employee using at-will employment as a reason, talk to a Human Resources professional at BCN Services for consultation and direction. [Contact us anytime](https://www.bcnservices.com/contact-us/).   ##### Share this entry - Share on Facebook Share on Facebook - Share on Twitter Share on Twitter - Share on WhatsApp Share on WhatsApp - Share on Pinterest Share on Pinterest - Share on Linkedin Share on Linkedin - Share on Tumblr Share on Tumblr - Share on Vk Share on Vk - Share on Reddit Share on Reddit - [Share by Mail](mailto:?subject=How%20employers%20should%20approach%20at-will%20employment&body=https://info.bcnservices.com/how-employers-should-approach-at-will-employment) Share by Mail ### Recent Posts - [![Navigating the Pregnant Workers Fairness Act](https://info.bcnservices.com/hs-fs/hubfs/PWFA%20Blog%20Image.png?quality=high&width=725&name=PWFA%20Blog%20Image.png) **Navigating the Pregnant Workers Fairness Act May 24, 2023 - 08:45**](https://info.bcnservices.com/pregnant-workers-fairness-act) - [![Minimum Wage Changes — What's Happening and What's Coming](https://info.bcnservices.com/hs-fs/hubfs/Minimum%20Wage%20Increase.png?quality=high&width=725&name=Minimum%20Wage%20Increase.png) **Minimum Wage Changes — What's Happening and What's Coming May 22, 2023 - 09:00**](https://info.bcnservices.com/minimum-wage-changes-whats-happening-and-whats-coming) - [![Inherited IRA Rules Altered by the SECURE Act](https://info.bcnservices.com/hs-fs/hubfs/IRA-%20Blog%20Image.png?width=725&name=IRA-%20Blog%20Image.png) **Inherited IRA Rules Altered by the SECURE Act May 12, 2023 - 08:30**](https://info.bcnservices.com/inherited-ira-rules-altered-by-the-secure-act) - [![Making a List of Company Values for Employees](https://info.bcnservices.com/hs-fs/hubfs/BLOG%20POST%20IMAGES%20BCN%20(24).png?quality=high&width=725&name=BLOG%20POST%20IMAGES%20BCN%20(24).png) **Making a List of Company Values for Employees April 19, 2023 - 08:42**](https://info.bcnservices.com/making-a-list-of-company-values-for-employees) - [![Top Employee Benefits Trends](https://info.bcnservices.com/hs-fs/hubfs/BLOG%20POST%20IMAGES%20BCN%20(21).png?quality=high&width=725&name=BLOG%20POST%20IMAGES%20BCN%20(21).png) **Top Employee Benefits Trends April 4, 2023 - 10:09**](https://info.bcnservices.com/top-employee-benefits-trends) ### Categories - [Employment Law & Compliance](https://info.bcnservices.com/tag/employment-law-compliance) - [Managing People](https://info.bcnservices.com/tag/managing-people) - [HR Policies](https://info.bcnservices.com/tag/hr-policies) - [Risk, Safety & Security](https://info.bcnservices.com/tag/risk-safety-security) - [Employment Trends](https://info.bcnservices.com/tag/employment-trends) - [Employee Benefits](https://info.bcnservices.com/tag/employee-benefits) - [Recruiting & Retention](https://info.bcnservices.com/tag/recruiting-retention) - [Compensation & Payroll](https://info.bcnservices.com/tag/compensation-payroll) ### Subscribe Here! 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