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Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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What is At-Will Employment, and Why Does it Matter?

By far the most common type of employment in the United States is what is known as at-will employment. In fact, it is estimated that nearly three quarters of all employees in the U.S. are considered to be at-will employees. But what does it mean for someone to be employed at-will, and why might that matter for you?

Explaining At-WIll Employment

Put in simple terms, at-will employment refers to a type of employment relationship where the employer and employee can both terminate their relationship at any time, for nearly any reason. This means that an employee can choose to quit their job at any time, for any reason, and their employer can likewise fire them for any reason. This type of employment is in contrast to contract employment, where the employer and employee are both bound by the terms of a specific contract that is agreed to before employment begins.

Issues With At-Will Employment

    While some people will discuss at-will employment as being of benefit to employees, because it gives them the freedom to leave a job they do not like, in reality this employment relationship vastly favors the employer. “Under this rule of law, employers were free to hire workers at will and fire them at any time with or without cause or notice,” notes Steven Sack in his new book, Fired!. This allows employers a lot of latitude to abuse their position to punish workers for anything they find disfavorable, or it did until some exceptions were introduced.

Exceptions to the General Rule of At-Will Employment

Regardless of whether someone is employed at-will or if they are bound by an employment contract, there are certain reasons it is always illegal to fire someone. These exceptions include, but are not limited to:

  • Firing someone due to race, religion, sex, skin color, disability status, or being a member of any other protected class of individuals
  • Firing someone for voting or serving on a jury
  • Firing an employee to prevent them from collecting on benefits, such as vacation days or retirement benefits
  • Firing an employee who engages in legally protected speech, including labor organizing or collective bargaining
  • Firing an employee who makes a workplace compensation claim
  • Firing an employee for refusing a polygraph (lie detector) test
  • Firing an employee who reported a violation of labor or employment law, such as a workplace safety violation or discrimination against another employee

What You Should Do

If you are employed at-will and you are fired for a reason that is not considered legally valid, you may be able to seek compensation for the harm you have suffered. However, to know what options may be available to you, you should speak to a labor law attorney. They can help you to go over your legal strategy, and work to get you the compensation you deserve.

Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 41 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.

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    Our Reviews and Client Feedback

    After calling nearly every law office in Manhattan for 48 hours, I was incredibly fortunate to find attorney Steven Sack.
    His professionalism, integrity, and attention to detail are truly exceptional. From the very beginning, he took my case seriously, followed up promptly, and treated me with genuine respect and empathy.
    What stood out the most is that Steven doesn't sugarcoat anything , he tells you the truth, even when it's difficult to hear, because he cares about giving you the strongest and most honest legal guidance.
    I'm beyond grateful for his support and legal expertise.
    If you're looking for someone who will fight for you, keep you informed, and handle your case with the utmost care, Steven Sack is the one to call.
    Thank you Steven for all of your help. I am truly thankful.
    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
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