Are there still unlawful circumstances where a person can be terminated being in an “at will” employment state?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are there still unlawful circumstances where a person can be terminated being in an “at will” employment state?

Being from an “at will” employment state. Legally, can a company decide to outsource a department and terminate everyone with little to no notice, refusing to pay any severance along with refusal to have anyone within the company write a letter of recommendation on behalf of the company? Also, for someone who was a manager for that department, if they do keep them within the company, if their position is “eliminated” legally, can they lower their pay to what they should be making based on their new title?

Asked on August 9, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Yes, a company may outsource a department and terminate everyone within it without notice, so long as the WARN Act is not triggered  (i.e. so long as less than 50 employees are affected; if 50 or more, the WARN Act may come into play--you can find information about the Act at the U.S. Department of Labor website).

2) The law does not require severance.

3) The law does not require recommendations.

4) Employer may demote employees and/or change their pay at will, so long as the employee does not have an employment contract to the contrary.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption