At-Will Employment Explained by a Lawyer

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  • Опубликовано: 9 июн 2024
  • This video explains what it means to be an at-will employee. Does being at will significantly hurt your ability to seek justice if you've been wrongfully terminated?
    Here are the videos I mentioned in the video:
    Discrimination at Work Video - • Workplace Discriminati...
    Wrongful Termination Law Video - • Wrongful Termination L...
    Hostile Work Environment Video - • Hostile Work Environment
    Retaliation at Work Video - • Workplace Retaliation Law
    Leave of Absence Video - • Family Medical Leave A...
    CA Whistleblower Law Video - • CA Whistleblower Laws ...
    Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
    Visit his website at: brobertsonlaw.com
    Please subscribe to Branigan's channel!
    #atwill #atwillemployment #employmentlawyer

Комментарии • 990

  • @justinharvey7038
    @justinharvey7038 Год назад +133

    Always remember: HR isn’t there to protect YOU, they’re there to protect THE COMPANY.

    • @SqizixModzPs3
      @SqizixModzPs3 5 месяцев назад +1

      Just got fired for no reason

  • @yamnayaseed356
    @yamnayaseed356 2 года назад +673

    As a European I am baffled at this law. So nobody in America can notice the obvious power imbalance between an employee and an employer? Seems like a law to put poor people in their place and shut them up.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  2 года назад +81

      It's a weird law, thats for certain.

    • @toomyng9015
      @toomyng9015 2 года назад +4

      Now you know why America has the highest work place shooting ! These bosses are worst than a slave master and your co-workers are not your allies.

    • @FIRENICEWOLF
      @FIRENICEWOLF 2 года назад +38

      It is starting to shift

    • @dariuskincaidk.c.highgrade1775
      @dariuskincaidk.c.highgrade1775 2 года назад +58

      Corporate America at it's finest

    • @iMagicRockstar
      @iMagicRockstar Год назад +13

      @@FIRENICEWOLF how and when ?

  • @GrandpasPlace
    @GrandpasPlace Год назад +256

    I love the way you put it!
    Here where I am, HR makes sure to tell you verbally that it is AT-Will employment and you can be terminated at any time with or without cause, then ask you if you understand. Years ago I started responding with "I understand, I can quit at any time, with or without cause." HR always gets nervous after hearing me say that and asks "Is that something you are going to do?" To which I respond "Depends on management. If management mistreats me then I'll go find somewhere else to work. Do you have bad management?" At this point I watch the HR person closely, See how they respond. It's amazing how, when there is bad management, the HR person will be nervous. lol

    • @JellyBeanInTheNight
      @JellyBeanInTheNight Год назад +14

      Haha Brilliant. And this is true. The law was created after slavery/ indentured servitude. It means we are not slaves.

    • @warrenlewis3977
      @warrenlewis3977 Год назад +7

      You kick ass! 💪

    • @bc1969214
      @bc1969214 Год назад +11

      Have them explain the without cause part, cause it sounds like retaliation or a multitude of other stuff. I guess when you feel it's time for me to go, I won't be signing anything or doing an exit interview because the time to fix things were in the past.

    • @Nightfighter82
      @Nightfighter82 Год назад +29

      Human Resources solely exists to protect company management. That means protect them from their own employees. They are not your friend and they are never on your side.

    • @UltimateDurzan
      @UltimateDurzan Год назад +7

      @@Nightfighter82that also includes protecting the company from bad management.

  • @loriehane188
    @loriehane188 Год назад +160

    I live in Arizona and work in the clinical research industry, and all I hear from management is, "I can terminate anyone's employment at anytime be cause we are an at will company." This leaves employees running scared. I was terminated for missing a weeks work for being in the hospital with Covid. I provided Dr and hospital notes, and their excuse was that "we are an at will company." Managers MUST be educated on this true meaning

    • @appleforever6664
      @appleforever6664 Год назад +37

      You should have said, "I am at-will to sue the hell out of you." lol

    • @soundrasimpson7885
      @soundrasimpson7885 Год назад +16

      How heartless to terminate for this reason. 💔

    • @louisschmidt2129
      @louisschmidt2129 Год назад +13

      Who wants to work for company that wants to fired you its time to move

    • @henripan9584
      @henripan9584 Год назад +1

      anything in the pharmaceutical, health and clinical industry is an abusive environment in general. They know you cannot do anything else with the degree that is why it is so controlling.

    • @ziegle9876
      @ziegle9876 Год назад +11

      If you treat employees like this, what percentage of their creativity and diligence are they going to invest in the job? It is a two-way street.

  • @sjthewolfboss
    @sjthewolfboss 2 года назад +278

    At-will employment to me, makes me feel like we don't have any rights as an employee. It makes me not want to work as hard. I can't even enjoy my day off without them pestering me to work. All I ask for is 4th of July off and gave a 2 months notice. They didn't even give me that.... We are slaves to society in all honesty. No wonder nobody puts in 100% anymore. I live by this modo now "You want me to perform extra, pay extra." No free rides no more.

    • @edwardjames6023
      @edwardjames6023 Год назад +38

      It's because the Boss - employee relationship in the United States is based on the old Slave - master dynamic

    • @princessmarlena1359
      @princessmarlena1359 Год назад +5

      Agreed. I see “At-Will Employee” in my employment agreement, then I don’t do more than the bare minimum. Hell, I sometimes even see how far I can go and how much I can get away with until they fire me.

    • @boinqity4621
      @boinqity4621 Год назад +3

      @@edwardjames6023 realest shit i have ever read

    • @rockfire1669
      @rockfire1669 Год назад +1

      Technically speaking I only get my days off because my body literally can’t cope with working some times(not as bad to be classified as chronic yet but yeah I have had this for like 2 years now)

    • @edwardjames6023
      @edwardjames6023 Год назад +1

      @@boinqity4621 if you think about it if you dare to stand up to your boss you are punished through a write-up or termination and they will wrongfully classified under and support a nation. Boss is expect us to bow down to their every win and to dare not raise our voice to them or to voice any opinions or else they will punish us. When factory workers want to unionize they were actually met with violence. Workforce is claim cutbacks while making insane amounts of profits. The reality is they want to cut the workforce back to see how very few people they can get to do the job of many so they don't have to pay as many people to do the same job. I work at a job where it's just the shift manager and me and we are expected to run the register and to stock the entire store on every shift. I may be only get 60 seconds to 5 minutes away from my register to try and help my shift boss pull up a thousands of different small items from a box in the store.

  • @JellyBeanInTheNight
    @JellyBeanInTheNight Год назад +21

    Employers use this as a response to requests for workplace improvements. A very fancy way to say they don’t care because you’re replaceable.

  • @guitarttimman
    @guitarttimman 3 года назад +111

    People seem so very confused. In most cases, the employee isn't going to abruptly quit a job because, in doing so, he or she will be waiving his/her chances of collecting unemployment benefits. Essentially, the AT-WILL employer is saying, "I can cheat, but you can not!" I've seen this tyranny going on for far too long! There should be no such thing as at-will employment and you know it!

    • @vinyl6668
      @vinyl6668 Год назад +6

      Right it needs to go it won’t make much of a difference 9 times out of 10 most employers will have a justifiable reason to fire you anyway. it would only cover them lying about firing you for no reason, discrimination, and whistleblowing. People saying their government does it does it cause it would cost to much, would you really wouldn’t,only a few select cases. I understand life isn’t always fair but this goes above and beyond that.

    • @guitarttimman
      @guitarttimman Год назад

      @@vinyl6668 I am no longer under the constraint of at-will.

    • @guitarttimman
      @guitarttimman Год назад

      @@vinyl6668 Satanists are all the same. They cry about an unjust God, but they are vicious when they have the upper hand. Prove your case! Prove you don't deserve to be treated unfairly by treating others with fairness. Every satanists I've ever met always tries to hurt other people in some way, and/or to dominate them. Prove your case by fighting against torment. You can lie to yourselves all you want to, but when your number is up, you'll be answering to someone for the crimes you commit on earth.

    • @vinyl6668
      @vinyl6668 Год назад

      @@guitarttimman You moved Montana?

    • @vinyl6668
      @vinyl6668 Год назад +1

      @@guitarttimman Right I understand life usually isn’t fair but that doesn’t mean it can’t be a little less unfair.

  • @jacquelinemanzano9328
    @jacquelinemanzano9328 2 года назад +86

    Within my "At Will" employee experience, it's not over until I am completely satisfied its over. I take the law and my rights very seriously, i know my rights and i exercise them often. I research everything, even now that I am retired.

    • @ericrenz6074
      @ericrenz6074 2 года назад +4

      Thank you for your words of encouragement 😎

    • @QueenKayeMusic
      @QueenKayeMusic 2 года назад

      What have u used to research

    • @tamerabrown6096
      @tamerabrown6096 2 года назад

      Me to and I am going through Wright now and I was hurt on the job.

    • @clovely5908
      @clovely5908 2 года назад +2

      Which sites do u research so you aren’t getting confusing information?

    • @petemorton8403
      @petemorton8403 Год назад +2

      Women have more rights or boss//owners are more afraid so better outcomes. Been a man in labor force 60 yrs. It's start over every five years at the latest. 401k vesting goes to 40% also. Cheaper to get you gone. The man worker gets little backing.

  • @vickihiggins1580
    @vickihiggins1580 Год назад +5

    Must document everything!! Helps any wrongful termination case.

  • @jenncharles619
    @jenncharles619 3 года назад +35

    At Will = either party can terminate, but likely employer has the more powerful ability to terminate.
    This is a very helpful, organized, easy to follow video. Great job.

    • @John_Fx
      @John_Fx Год назад

      employees have more power. you can quit for racist reasons. they can’t fire you for the same reason

    • @John_Fx
      @John_Fx Год назад +1

      actually it is the opposite. way easier for an employee to quit than be fired.

  • @freddypedraza2066
    @freddypedraza2066 Год назад +36

    Employers love this law, but hate it when it's used against them.
    I'm a school worker, teachers are not at will but I did get a job as a seasonal cashier for a supply store. I just quit one day when I didn't feel like I was being respected.

    • @crazyoldhippieguy
      @crazyoldhippieguy Год назад +1

      You did well, dont ever let then walk on you.

    • @osu33089
      @osu33089 Год назад +1

      Good on you but they love it when people quit. It saves them a lot of hassle in many cases.

    • @mateuszzielinski2166
      @mateuszzielinski2166 Год назад

      @@osu33089 not if you quit without notice

    • @osu33089
      @osu33089 Год назад +1

      @@mateuszzielinski2166 they don’t care if people quit without notice. Headache maybe, but they manage.

    • @mateuszzielinski2166
      @mateuszzielinski2166 Год назад

      @@osu33089 it depends on the position, but in this case yeah they likely wouldnt care too much

  • @keishrich
    @keishrich 3 года назад +18

    What At will employment means to me: I can leave a job anytime I choose and an employer can fire me at any time they choose.

  • @ChildrensRightsFirst947
    @ChildrensRightsFirst947 Год назад +16

    Thank you so much for explaining this. I think they intentionally make it sound like they can fire you for any reason at all so employees won't fight back when they're terminated unfairly.

  • @nolongerinuse488
    @nolongerinuse488 3 года назад +29

    My assumption of what at-will was pretty accurate to yours, which I was trying to correct people of the proper definition. They thought at-will was to include those protected classes, making them no longer protected. However, I know employers will try to terminate for ridiculous reasons, even though the underlying issue would be protected classes.

  • @estanisladoescamillajr2759
    @estanisladoescamillajr2759 Год назад +27

    I am in Texas. I was fired for going into the warehouse after business hours. My manager had given me permission. My reason was simple. I would go in after hour to make sure certain machines were working properly. I had been at this company for 20 years, with a good attendance and no disciple occurances. Because of at will hire I was fired. This video is so helpful that I wish I was from California. You have great charisma, and I believe you sincerely want to help. I am 61 years old and obviously there's more to my story. Thank you. I was fired march 31,2022. Is there a time limit to the

    • @estanisladoescamillajr2759
      @estanisladoescamillajr2759 Год назад +1

      To get legal help?

    • @bc1969214
      @bc1969214 Год назад +5

      A quick search for Texas statute of limitations for wrongful termination is 180- (in some cases) 300 days to contact Texas Workforce Commission (TWC), then an attorney can file a suit within two years. Call some Texas employment attorneys since the clock is ticking.

    • @crazyoldhippieguy
      @crazyoldhippieguy Год назад

      Do you realy want to go back for more???And Name and Shame.

    • @osu33089
      @osu33089 Год назад

      I’m suing my texas company for 3 counts in federal court as we speak. Violation of my rights under fcra and flsa retaliation and wrongful termination, fmla retaliation and interference, and ffcra unpaid wages. I was side lined for 7 months after staying home with covid positive daughter, and I was pushed out once i complained after being assigned. Texas is a dirty place to live and work.

    • @bc1969214
      @bc1969214 Год назад +2

      @D C With something like this getting the manager under oath that he authorized entry seems like the beginning and then the company if they want to persist in fighting it deals with a subpoena for records. BTW, now you got me thinking of The Office episode on ageism-
      Jan: I hope he’s gets hit with an ageism suit.
      Michael: What is that… word?
      Jan: Ageism? Companies they can’t discriminate against people due to old age. Like a couple years ago we tried to force out some of the older branch managers with a mandatory retirement age and then Ed Truck, your old boss, threatened us with a lawsuit, so we had to back off.
      Michael: So older people have just as many rights as younger people?
      Jan: Yes, Michael, they do.

  • @19Dave17
    @19Dave17 Год назад +13

    I'm from Trinidad and Tobago and when US companies set up in our country they try an import this "at will" concept which does not apply here. Here, an employer can only dismiss with cause and after following the principle of natural justice. Even then it is expected that progressive discipline will be applied first in most cases. Join a union and get organised is the answer to at will contracts.

    • @user-mm3oc5zf3c
      @user-mm3oc5zf3c 10 дней назад

      Well if a company from your country puts it up in the USA you adhere to our rules and regulations

  • @joesepspindel3335
    @joesepspindel3335 Год назад +27

    I was going to be "let go" because I complained that my boss wasn't training me to do the job. He was sent to England to learn how to build a piece of lab equipment. I was hired as a temp to learn how to build it. He threw me a written work instruction and said "good luck" and barely showed me anything. I had to reverse engineer a unit that was already built and teach myself how to build it. I sent an email to HR and complained that I wasn't getting any training and that I wanted to be placed in a different position in another building. They sent him my email and he confronted me. He later put me in an inventory position. He often did this to people when it was their last week of employment, he would toss them in inventory and then they would get the dreaded call from the temp service on Friday after work that they were no longer needed. He did this to torture people as they knew that by being in that position it meant it was their last week. I couldn't wait to get out of that place so I could be placed in a different company. It was retaliation, he fired me for complaining about him and telling them he wasn't training me. Unfortunately the new guy they put in my place caused a lab tech to get an electric shock, I guess he didn't train him either. I was put back in place. Six years later and I am the only person in the United States that builds all these lab units and the guy that was going to get rid of me was going to be fired but his job was saved, then he was given a different position and later fired from that position. Never go to HR if you have an issue. Keep your head down, your mouth shut and do what you are told. Above all never give a shit because those who care suffer the most. Just put in your hours and go home.

    • @karinadiaz2422
      @karinadiaz2422 Год назад +1

      This is so true…

    • @boom-jr8vi
      @boom-jr8vi 2 месяца назад

      We are moving so fast into a dystopian, Black Mirror-esque society that it’s disturbing…

    • @DimDos
      @DimDos Месяц назад

      Do not ever put your head down, and your mouth shut. This is a slave mentality.

  • @stellatexas6820
    @stellatexas6820 Год назад +2

    I watched many of your videos, the information in your videos helped me greatly in a two years battle against workplace harassment. Appreciate all your hard work for creating these videos.

  • @LADOT2012
    @LADOT2012 3 года назад +26

    Thank you for this one, Branigan. Now I understand why and how my employer is walking the tightrope and fine line of not firing me, but, leaving me in limbo; not allowing me to return to work. I guess when my worker's comp case settles, it will set a precedent for my civil case verifying and confirming all of my documented injuries sustained while being discriminated against and retaliated against. Wow! What a tangled web we weave!

    • @adondriel
      @adondriel Год назад +3

      Good luck on your lawsuit! So many of our employers need a wakeup call saying "hey, quit fuckin with us, we aint gunna do this no more. You make 10x more than we do, and we want answers.

  • @LADOT2012
    @LADOT2012 2 года назад +12

    You are so ahead of the curve when it comes to lawyering. Keep up the great work 👍🏾

  • @Scorch1028
    @Scorch1028 3 года назад +43

    "At-Will employment" is the reason that I don't socialize with my co-workers or supervisors. I say the "bare minimum" to these individuals. I eat lunch outside of company property, so I don't get in trouble "at work" -- even when I'm off-the-clock. I keep my head down, I don't rock the boat, and I don't stick my neck out.

    • @JM-vh7kl
      @JM-vh7kl 3 года назад +1

      That's sad but true

    • @explorationi
      @explorationi 2 года назад +3

      Are you still working at that job now? And how is your job treating you if you're still there? I'm just curious because I need some advice.

    • @Melissa-mb3vr
      @Melissa-mb3vr 2 года назад +3

      Pretty sad when you have to walk around with your head down looking at the ground.

    • @hump18858
      @hump18858 Год назад

      🤯

    • @vinyl6668
      @vinyl6668 Год назад +1

      Sounds like you should look for a better job. 9 times out of 10 employers will have a justifiable reason for you. For the most part as long as you do as you’re told and keep on track I got nothing to worry about.

  • @TediTheGodfather
    @TediTheGodfather Год назад +10

    Being a TN resident and having worked in both TN and MS, it's mind boggling how many people don't know that there are limits to "at-will." I'm currently dealing with a wrongful termination suit, and a "sister" of mine was under the impression that I'm SOL (sh*t out of luck = up the creek without a paddle). I've dealt with my fair share of companies, and "at-will" only goes so far.

    • @tennesseedogpack
      @tennesseedogpack Год назад +1

      Good luck! Hope you win

    • @kingd5870
      @kingd5870 Год назад

      I'm still trying to start my wrongful termination work. How do I get started

  • @ronaldscottgoosen6699
    @ronaldscottgoosen6699 Год назад +2

    I found your explanation of “At Will”; spot on for a general explanation-thank you. You were honest and up-front about your knowledge and the state you live in. I am a young retiree and at one time a labor leader in MICHIGAN. Nice job. I’m a new subscriber of your.

  • @HiLoMyLo
    @HiLoMyLo 3 года назад +5

    So I’m starting my career in HR. You have taught me so much. Every video gets a like from me. My plan is to get to every video you have. Keep it up.

    • @johnroscoe2406
      @johnroscoe2406 Год назад +3

      But if you intended to be "different" and "care about people" you're going to find out that they will make it impossible for you to do so...

  • @sabrinaw.7432
    @sabrinaw.7432 Год назад +4

    My understanding is that they can fire me at any time and the person can leave at any time. I honestly never thought about the legal aspect, so this video will be helpful knowledge.
    Your videos are very helpful. Thank you for putting this out there for the masses.

  • @davidroddini1512
    @davidroddini1512 Год назад +7

    Back when I was working through a temporary service, I was told by the temporary service that the employer could come in and fire me just because they didn’t like my haircut. I was also told that the “burden of proof” would be on me, the employee to prove otherwise if it went to court.

    • @bc1969214
      @bc1969214 Год назад +1

      Hmmm? If the work location the temp agency sends you to doesn't like your appearance and they send you back to the temp agency it seems the temp agency just gets you another location to work at. I mean you don't work for the employer. Before even heading to the work location I'd ask if the employer has a dress code/haircut policy so you aren't wasting time.

  • @gabeescoto6590
    @gabeescoto6590 Год назад +1

    Brandon thank you so much for all of the valuable information you provided. I was injured at work as an employee for the state. I was injured while working.and then fired. To try and seek help from an attorney here in the state of Texas is absolutely impossible. Let me tell I am not a lawyer nor a paralegal. However having had friends that were lawyers gave me and taught me about laws in Texas. I have helped many of people with issues they had. This is why I watch videos as your because they provide some helpful information.

  • @johnailor3104
    @johnailor3104 Год назад +4

    I was about to be terminated from a job and quit before the termination hearing. I tried to file for unemployment and was denied because I wasn't fired, even though I was going to be fired. On the appeal, the hearing officer told me the employer could fire me for anything they wanted to. My circumstances involved an unwritten residency policy. He said they could fire me for wearing a pair of socks they didn't like.

  • @flyboymb
    @flyboymb Год назад +3

    Had a job where, after completely boinking up their COVID response, everybody was miserable. I eventually got burned out on the place and put in my two weeks' notice. Now, one of the great things about this place was that besides having 12-hour shifts, you also didn't know your schedule more than two weeks out. Sometimes you'd have a block straight, sometimes you'd have the dreaded 'light switch schedule' where you'd be on-off-on-off-on-off. One great loophole for management was that the work week turned over on Sunday regardless of how many days you had already worked. I had put in nearly all of my first week of quitting countdown when a new schedule was put out for me. Thurs 12, Fri 12, Sat 12, Sun 12, Mon 12, Tue 12, Wed 8. I called the supervisor and told them that I was going to have to expedite my separation from the company and that I'd be finishing off my shift today and then would not be coming in on Thursday. There was a surprised statement that I had given two weeks. Yes, I said. I gave you the courtesy of two weeks' notice. You've decided to abuse that courtesy so now I am rescinding it. You can fire me now, or I quit. Given that staffing was already that poor and they knew I had another job lined up already, they the few hours they could out of me and I've never looked back.
    The managers there still had a recession mindset that workers should thank their lucky stars just to have the opportunity to put up with whatever idiocy the management team could sling out. They were totally unprepared for an environment where jobs outnumbered workers and companies had to compete for workers just as they competed for customers.

  • @xanv8051
    @xanv8051 2 года назад +5

    I was fired after my second day, and was told because i didn't do my job. When the entire time i was obedient to the people above me. I went to clean the restrooms and vacuumed the the floors i did my job and left when they told me to left. It just doesn't make sense I'm not financially fit and this sudden termination has set me back.

    • @Quillavva
      @Quillavva 6 дней назад

      You experienced evil boss.

  • @Pallidus_Rider
    @Pallidus_Rider Год назад +2

    Very interesting and helpful video.
    I was let go close to a year ago, under which I thought were suspicious circumstances.
    1. At the beginning of the month, all employees were given raises.
    2. On the day I was let go, I was recognized in team meeting for outstanding positive customer feedback.
    Two hours after I was let go, I attended a Zoom with HR, thinking I was going to be promoted, or something like that, when I was told I was being let go, due to the company not meeting quarterly goals, and it was through no fault of my own.
    This was all a shock and a punch in the gut. I suspect that I was let go, due to a background check a few months prior, which would have revealed an arrest.
    I did some consulting and found out age discrimination did not apply, as I was not replaced by a younger employee, even though the company was increasing staff overseas with lower paid contractor employees. I worked at this company over six years. The arrest occurred due to a mental health crisis, where I was suicidal from unresolved grief after my father's passing.
    I do have protected status, as a disabled veteran, but I don't think that applies.
    This is all behind me, as I was able to find employment (at a lower wage) and will qualify for Army Reserve pension in 2 years.
    Just sharing my story.

  • @jenniferschultz4418
    @jenniferschultz4418 Год назад +3

    I live in Tennessee and I talked to a lawyer after getting fired when the other girl involved got suspended. The lawyer told me since this is an at will state I can get fired just simply because they didn’t like the way I smiled at them. I was told unless I’m Union or have a contract I basically have absolutely no job security. I was talking to a lawyer because I thought it was wrong I was fired and she wasn’t and the manager actually used the same excuses that you said HR would use to fire you in a previous video I watched.

  • @rajahfl
    @rajahfl 3 года назад +12

    Taking your direction, I'm writing this before hearing your explanation of "at-will employment." I think it means that I can be fired or quit without any justification at any time.

    • @guitarttimman
      @guitarttimman 3 года назад +1

      It's a control mechanism that was created by dictators!

  • @braniganrobertsonlaw
    @braniganrobertsonlaw  2 года назад +3

    ⚠ Now that you understand the basics, Do you think the “at-will doctrine” is good or bad for everyday employees? ⚠

    • @timothygibney159
      @timothygibney159 Год назад +1

      Of course it's not fair for the employee. It was written for the benefit of the employer who campaign contributes to politicians. But at the end of day I have to agree with most of at will employment laws. A bad employee can ruin a business and harm the productivity of others. I am not an employer but I believe no one is entitled to a job.

    • @tubalcain6874
      @tubalcain6874 Год назад

      Counselor, as a 65 year old man who’s been blindsided and died on the hill of at will employment more than once in my day, at will terminations are far more often arbitrary than causal.

  • @KDG702
    @KDG702 Год назад

    Subscribed at 99.9k subs. Grats in advance for hitting 100k. Thank you for this informative video

  • @surgicalseventytwo2483
    @surgicalseventytwo2483 3 года назад +4

    Thanks for taking the time to make this video

  • @EverettDiego
    @EverettDiego 3 года назад +4

    This video sets itself apart from others on the subject. You provide an invaluable service by sharin this information in terms for the common man. (.....or woman).

  • @lisalaser3698
    @lisalaser3698 Год назад +3

    Thanks for putting this information out so clearly!

  • @caroleastmond9064
    @caroleastmond9064 Год назад +1

    He is a good teacher
    in addition to being a good lawyer, he makes excellent videos that everyone could understand. I never heard of this term, 'At- Will' before, and I was a political science major, again thanks for all your great videos.

  • @ericferrel6776
    @ericferrel6776 3 года назад +11

    Thank you so much for making this i love your videos ive been looking up info on this for few months this video just fell in my lap

  • @alana1119
    @alana1119 3 года назад +7

    Super informative! Thank you! I had thought before that at-will employment was that the employee could fire you for any reason (which is kind of true but not really and you go into more detail too)

  • @garysmith7333
    @garysmith7333 Год назад +3

    Thank you for touching on the subject. I assume my employment will last forever. I keep my head down and simply do my job as best I can.I try to be a ghost. My life isn't at work. My life is when I'm off duty from my job. My life is my family, friends, and people, and things I care about away from work. I don't trust anybody at work. Their mouth can get me fired without just cause.

  • @williamprather320
    @williamprather320 2 года назад

    Most Underrated content that could help the most people period

  • @jeskoumm
    @jeskoumm 7 месяцев назад +1

    I found this video to be as helpful as a termination letter sent receipt.

  • @petunia5835
    @petunia5835 2 года назад +9

    I was working at a job through a temp agency for 1 day when I had done something wrong on the computer and they told me I can go home. They never told me what I did wrong. Now 15 years later I was offered a job through that same company with great pay and benefits but I am terrified to accept it because the offer letter states you are an at will employee and I remember being let go before. I am self employed at the moment and terrified to give up my business if I don't have job security at my next job and can be let go if I make any mistakes.

    • @adondriel
      @adondriel Год назад

      I hope you are doing well now, considering this comment is 1year old. I would be very cautious going back to a company you had a bad experience with.

    • @crazyoldhippieguy
      @crazyoldhippieguy Год назад

      If you clame to be self employed ,DON;T do it and if they ask again overcharge your wage by a factor or X.7.If they say o,k, quit aftere 3 weeks as the work will be bellow your pay graid.

    • @apple_far
      @apple_far Год назад

      Through a temp agency means you were the employee of the agency, not the company where you made the mistake. It means when you were sent home "your assignment ended" not your employment.

  • @thebohemianserb2114
    @thebohemianserb2114 Год назад +32

    I once got fired from a coffee shop because the manager accidentally hired more people than she needed. It felt really unfair because I was just a poor college student and I literally only had $300 in my bank account and I needed to buy books for classes. She told me that if she hired me that I would be able to work for the whole summer, I wish I got it in writing but honestly I don’t think a law suit would have been worth it.

    • @opinanlosjovenesrd3477
      @opinanlosjovenesrd3477 Год назад +4

      Recordings also work. Yet you are right it is not worth the hassle in some cases.

    • @adondriel
      @adondriel Год назад +1

      The amount of money/mental stress that a lawsuit requires is insane.

    • @kamieaston3016
      @kamieaston3016 Год назад +7

      @@opinanlosjovenesrd3477 There are actually some laws that prohibited recording in some isntances. Say you enter a deal with the employer, while recording them without their knowledge or permission.
      A court is going to take one look at that and throw it out, inversely companies get to record you all the time without your permission as part of their security. So the game is really rigged from the start.

    • @heatheranddavecoulombe4878
      @heatheranddavecoulombe4878 Год назад +3

      @@kamieaston3016Under most "Wiring Tamping" laws which cover making recordings, if an individual is part of the conversation records the interaction without the other person's knowledge, it is not illegal. Take a look at the applicable laws in your juristiction.

    • @michael931
      @michael931 Год назад +3

      @@kamieaston3016 most states (39) allow recording even if only one party consents. Only 11 require all parties to consent.

  • @ofivecento
    @ofivecento Год назад +1

    As someone who’s been fired in some of the most creative ways possible, I just always chalked it up to at will.

  • @robberblack8899
    @robberblack8899 2 года назад

    Hey Happy Thanksgiving Mr. Robertson, I hope all is well. This video is very helpful and I get idea of each category At Will employment.

  • @MRE-lw2dx
    @MRE-lw2dx 2 года назад +3

    My experiences with "At Will no contract agreements" the document has always stated that the employer is able to fire any reason or no reason at all, with or without notice.

    • @Cornelius419
      @Cornelius419 Год назад +1

      Not true my friend know you're rights...

  • @kevinbrooks9740
    @kevinbrooks9740 Год назад +3

    I live in Alabama. My understanding of "at will" means you open the door for litigation when you give a reason. As an employer, you can terminate employment at any time. For example, Mr employee we have decided to " go another way" or " reduce our staff size". However, if I say I'm letting you go for theft, the employer has now opened themselves up unless they have a conviction of theft.

    • @apple_far
      @apple_far Год назад

      Yes Kevin, you are right, if they give a reason they have to prove it & should have run it by legal first.

  • @Pepsiholic88
    @Pepsiholic88 Год назад

    I like the way you took notes with different colored markers. You have gained a subscriber.

  • @johnroscoe2406
    @johnroscoe2406 Год назад +1

    My dad gave me great advice when I was becoming a young adult:
    DOCUMENT EVERYTHING WITH DATE AND TIME
    And I routinely fail to heed it.

    • @jsteffy9657
      @jsteffy9657 Год назад

      I hope you finally started documenting.
      (My Dad gave me the same advice and I have used it- "they" think twice about messing with you, and sometimes rely on you when their memory of what happened at the staff meeting fails them.)

  • @aforstar5562
    @aforstar5562 3 года назад +5

    Thanks a million for the clarification. It has given me a second breath.

  • @ladyh90704
    @ladyh90704 3 года назад +8

    Thank you! I recently got a job offer and I wanted to know what this meant fully.

  • @thethird1967
    @thethird1967 Год назад +2

    Great marketing. I sincerely wish you success in all of your litigations. I love taking down bullies…with clean hands.

    • @krapekk
      @krapekk Год назад +1

      Are you an attorney? I'm looking to hire one. Bullying, age discrimination.

  • @DuaneGundrum
    @DuaneGundrum Год назад

    Your site showed up on my regular feed one day, and I was, like, Is that the Branigan Robrertson I knew at UoP when going through grad school, and sure enough it was, one of our awesome debaters. So I've been following you since, just listening in on the insights you share and remembering how awesome you were back then and seeing the trend continued.

  • @bluealph2865
    @bluealph2865 3 года назад +6

    Hello! Do you have a video on this topic but more specifically on public entity employees? I would really love to get a crash course on that.
    Keep up the great work! These are awesome videos

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  3 года назад +3

      Thanks for the comment. I don't...yet. I have a loooong list of videos I want to make. I hope to get into the public sector down the road. Stay tuned. With that said, a lot of the videos I make apply to public employees.

  • @Suhhdew
    @Suhhdew 3 года назад +6

    Funny thing is in my union-employer contract, it clearly states the employer cannot terminate an employee without proper steps, but they did it anyways.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  3 года назад +3

      Very common. I find Unions to be pretty much useless for individual disputes. Out of ever 50 people who say they took the issue to the Union, only 1 is happy with the result.

    • @princessmarlena1359
      @princessmarlena1359 Год назад

      Unions don’t help, unfortunately. My brother worked for a certain package delivery company and their union did nothing to help him. The showbiz unions blacklisted me for calling them out on their incompetence and corruption.

    • @YeshuaKingMessiah
      @YeshuaKingMessiah Год назад

      Unions are a for profit biz u the union worker finance directly out of ur pocket
      Plus all the graft they receive
      Don’t work for a union, work for u

  • @williama6751
    @williama6751 Год назад +1

    I am being bullied by my manager and a coworker. It has gotten so bad I am thinking about quitting. My boss has mentioned to me the other day that I should quit. My coworker the other day sent out a group text about how unclean I kept the shared spaces and mentioned she doesn't need to take care of a grown man. I went to hr about how I was feeling because I knew I couldn't go to my manager.

  • @verycaring2387
    @verycaring2387 3 года назад

    Thanks for your videos.
    Very important information to know.
    💜

  • @JeffToxicity
    @JeffToxicity 3 года назад +11

    I think at ”will employment” means no binding conditions stopping someone from quitting whenever and an employer can terminate the employee at anytime as long as two weeks notice given. Excluding discrimination or other protected instances under the law.

    • @JeffToxicity
      @JeffToxicity 3 года назад

      I was pretty much right.

    • @rainbowcity911
      @rainbowcity911 3 года назад +3

      i got fired the day of they said they thought i was dumb. they had no reasons for firing other than the fact that they think i’m dumb

  • @Dr_Shelbo
    @Dr_Shelbo 3 года назад +5

    I know your in CA, but if I may, I’d like to bring up a situation for your review if you don’t mind. I’ve talked with a couple attorneys but they aren’t sure The director of a medical device manufacturer (FDA regulated) breaks company policy & procedure, and an employee reports that conduct to the VP. Not a complaint, and not necessarily a report, the employee was seeking advice on what to do if it happens again. That employee now applies for a promotion. The same director tells the employee that they’re not a team player and won’t be interviewed for the promotion, after the employee has had glowing reviews and commendations. Is that retaliation?

  • @nickhancock589
    @nickhancock589 Год назад +1

    Excellent video. I have corrected co-workers and subordinates for years about this. I have always told them that they can fire you for NO reason without notice at any time, but if they give a reason or one can be reasonably implied by their actions and statements, then that reason MUST be legal under the law. I've also pointed out that the same is true for them as employees. Giving notice before leaving is not required, but it is a courtesy that should be observed if possible. Unless you've seen management let people go immediately or mistreat them when they give notice. I've seen plenty of that.
    No matter how toxic the leadership of an organization is, I try to give some notice that I'm leaving, though. Not for the benefit of the people I work for, but for the benefit of the people I work with. My sudden absence might make their life harder, and most of the time I do have some loyalty towards my co-workers no matter how contemptible management may be.

    • @Quillavva
      @Quillavva 6 дней назад

      Lol coworkers are not your friends. In fact, they are worse than management.

  • @Amy-o_o-
    @Amy-o_o- Год назад

    I love you, and thank you for your helpful Legal Information! May God bless you and yours ♡

  • @sugarsugar475
    @sugarsugar475 Год назад +2

    They’ll just tell you it’s poor performance without any written proof or prior warning. They’ll keep known underachievers due to personal friendship. Happens every day.

  • @anonanonymous1970
    @anonanonymous1970 2 года назад +4

    More employees need to sue. It's really the only way companies will ever treat people better. It's advancing social justice to sue.

    • @neilkurzman4907
      @neilkurzman4907 Год назад

      Unless they fired you for an invalid reason. The best you’re going to win from your lawsuit is unemployment insurance.

  • @hondaboy2001
    @hondaboy2001 Год назад

    Good video Branigan. Nice clear explanation. 👍🏻

  • @808Unionist
    @808Unionist Год назад

    Branigan: Thank you for this short video on At-Will employment. I'm a retired Pearl Harbor Naval Shipyard Submarine Mechanic & Officer who represented Hawaii Federal Employees Metal Trades Council (AFL-CIO) & Machinists Union Local 1998. My union supports about 1000+ federal & private sector DoD members in Hawaii and also represents 6 times more nonpaying federal GS & WG employees because of the federal right to work for less laws. It always surprises me why most employees don't try to understand labor laws. Thanks for explaining how you don't have to give up all your employment rights if your workplace is not organized and doesn't have a Union contract.

  • @gabrielagutierrez-perez5216
    @gabrielagutierrez-perez5216 3 года назад +6

    At-will, If the company doesn't need you anymore they have the right to let you go without notifying you.

    • @MrAer85
      @MrAer85 3 года назад

      Sounds like a zero hour contract.

    • @YeshuaKingMessiah
      @YeshuaKingMessiah Год назад

      As do u
      Walk off the job mid shift
      Go file for unemployment

    • @QuantumDark
      @QuantumDark Год назад

      @@YeshuaKingMessiah you can't actually. that's the catch. if you quit your job voluntarily, you will not be eligible to collect unemployment

  • @Pyropandaification
    @Pyropandaification 2 года назад +3

    I got fired because my 24 year old supervisor didn't like my personality.

    • @John_Fx
      @John_Fx Год назад

      that’s completely legal. you could have quit legally for the same reason. seems fair.

  • @TJ-USMC
    @TJ-USMC Год назад

    GREAT Information !!! - Thank-you !!!

  • @HolyGrailArts
    @HolyGrailArts Год назад

    Greetings Mr. Robertson,
    You are the greatest.
    Thank you for sharing this useful information.
    All the best from the State of Arizona,
    Álvaro Guevara Vázquez, Composer BMI.

  • @billkammermeier
    @billkammermeier Год назад +3

    I always heard that a company can fire you for the color of their shirt or for any other reason. I always wondered why HR departments jumped through hoops with things like bad reviews and PIPs before firing someone if they were in an at-will state.

    • @jermainemyrn19
      @jermainemyrn19 Год назад +2

      I got fired because I called my boss out for his behavior lol

  • @paulschneweis3492
    @paulschneweis3492 Год назад

    This is definitely a good video by which I have just learned much good important information about this subject!

  • @winterfreyja5494
    @winterfreyja5494 Год назад +1

    going into this without knowing what at-will employment really is, it sounds like a law basically saying 'you can't keep people working for you against their will,' or something, hence 'at-will employment' meaning in my uninformed mind that 'you're working at your own will not because someone's forcing you'

  • @reginaMYPODCAST
    @reginaMYPODCAST Год назад

    You are a blessing from God. Thank you for bringing truth to light. Blessings to you and your family.

  • @SICAleighSAMMONS
    @SICAleighSAMMONS Год назад

    Good info. I enjoy your videos and I learn stuff. Thanks from Oklahoma

  • @songkim5559
    @songkim5559 Год назад

    Thanks for the useful information.

  • @alternative2104
    @alternative2104 Год назад +1

    Video well done. On another note
    I think it's remarkable how likeable attorneys are untill you need to hire them.

  • @guitarttimman
    @guitarttimman Год назад +1

    Don't let them fool you with their circular psychology. Job hopping is no good because that means constantly having to relocate, and you still have to constantly worry about being fired for any or no reason. We need to push for a better law that will protect worker's rights. It's the only way!

  • @momyour69
    @momyour69 2 года назад

    @Branigan Robertson I am a self-represented plaintiff and your videos have helped me out tremendously and will they just do justice on the little person, and for that, I have to say thank you Mr. Robertson.

  • @mattbell2247
    @mattbell2247 Год назад

    Thank you for your work. I appreciate your brain.

  • @jacquelinemanzano9328
    @jacquelinemanzano9328 2 года назад +2

    Thank you for sharing this viable information. IMO, the problem lies with the average person who only retains image and not detail. They only see the bait and not the hook.

  • @evanvelardi
    @evanvelardi 2 года назад +1

    LOVE IT ! YOUR VIDEOS HELPED ME TO KEEP MY JOB (BY NOW) hahah

  • @bertram46
    @bertram46 Год назад

    Very good videos I just subscribed. What blows me away in the culture of this country is if you are quitting your job you need to give them notice. But if they don't want you anymore they hand you a box in a security guard escort you to the door within 30 minutes or less. I can't believe corporations get away with this and I can't believe that people give an employer two weeks notice. I'm happy I have my own business

  • @robyn0608
    @robyn0608 Год назад +1

    Also fun fact: it takes a year for an labor law violation case to go from filing to court case outcome, and about half way to a quarter of the way through that year you may get a settlement. Imagine living without a job and no safety nets for that long XD except maybe unemployment.

  • @parkestanley2436
    @parkestanley2436 Месяц назад

    Another great, informative video!!! Thanks!!!! Can you recommend a good Unlawful Termination lawyer in VA? I've got a solid case, it appears

  • @medgarparrish3093
    @medgarparrish3093 3 года назад +1

    Excellent!

  • @yolanda9504
    @yolanda9504 4 месяца назад

    I live in NY and I definitely thought I had no rights under this law. Thank You I will find exactly how this law is applied. 👍

  • @MeltonECartes
    @MeltonECartes 2 года назад +1

    My understanding of "At Will Employment" is that the employer doesn't need to state a reason for termination, that both parties agree to "work" together and terminate that relationship "at will." While that doesn't mean that employees do not have employment or labor rights, it severely limits what they can claim as wrongful or a reason to not be terminated.

  • @kathleenwilliam
    @kathleenwilliam Год назад

    The at-will doctrine also says that the employee can leave anytime as well, with or without notice. The employee is not held to a contract and is not an endentured servant. Many people forget that when saying how unfair the doctrine is.

  • @kennethcadwell2124
    @kennethcadwell2124 Год назад

    I live in a At-Will state in Missouri, and you are right that employers can't fire on grounds of discrimination, medical, and such.........
    However they find ways to weasel around them.........
    For example: My wife was fired from her job when she had covid. We contacted 4 attorneys and they all refused to take the wrongful termination case as they said the company would just make up a lie on why fired........
    And sure enough they claimed company policy violation and when we said we would fight that. They drummed up multiple fake writeups and blocked her unemployment as well..........
    Finally one thing you didn't mention about At-Will states. Is that when Missouri switched to an At-Will they stopped the mandatory breaks and lunches that employers were by law suppose to provide. As well they don't require full-time employees be given full time hours as the federal labor law requires.........

  • @Shironen2011
    @Shironen2011 10 месяцев назад

    Since you asked what my understanding of At-Will was prior: The Employee has the right to end their employment at any time, and the Employer has the right to terminate you as long as there is no open preceding action that suggestions an illegal motive, and no motive beyond "invoking at-will" is explicitly stated at the time of termination.

  • @mjime128
    @mjime128 Год назад

    Thank you for your video it was informative and you made it easy to understand the at-will employment. Could you make a video of fair employment treatment in the U.S.?

  • @Crazy-Chicken-Media
    @Crazy-Chicken-Media Год назад

    I'm saving this video to send it to all the people that I hear complain about Idaho's at will working laws. Thank you for this.
    I'm so sick of hearing how they can be fired for wearing the wrong colored shirt or something. Ridiculous of that matter.

  • @missk3214
    @missk3214 2 года назад +1

    Can you make a video about how attorneys conduct investigations for wrongful termination i.e pretext termination

  • @vonshayvibez2127
    @vonshayvibez2127 3 года назад

    I'm learning so much and I currently have a pending suit.

  • @vrgcustomcarpentry
    @vrgcustomcarpentry Год назад

    I recently left work due to a health and safety issue. We had someone with covid, mask under his chin, vaping in my face. I packed my tools and went home, let the project manager know and the response I got was atrocious. We have a serious problem with lack of respect for personal health. I'm not sure I'm comfortable ever returning to that employer. Wanted to sit down and have a discussion with the owner and the project manager. Finally the project manager contacted me and told me that I had quit by not showing up. Honestly I don't know how to proceed other than find a new company to work for. I consider what happened, me leaving for my own safety what's the correct thing to do. Between their actions and the semi constant harassment I've received the last eight months because I wear a mask while working and eat my lunch in my truck, because we still have a healthcare crisis and we're pretending that it doesn't exist.
    Good luck out there and stay safe

    • @Quinn91202
      @Quinn91202 Год назад +1

      Your health and safety is worth more than any dollar amount

  • @thomastucker5681
    @thomastucker5681 Год назад

    You are fantastic.

  • @Nightwing300
    @Nightwing300 Год назад

    I was fired for absolutely nothing. I was devastated.