This term may come as a surprise to you when you begin to look at West Virginia labor law. It seemed like an odd set of words to use, especially for someone seeing it for the first time.

What does “at-will” employment mean?

West Virginia, like most other states in the Union, defines an employee as working “at will” as working without the benefit of a written contract.

A large number of these people could be working while the contract itself is drawn up and signed by the relevant company representative. Often, there are cases where the employee is reviewed to ensure that he can perform the job for which he was hired and that he can also fit into the work environment.

There may be many people who have no prospect of getting a written contract. For all of these people, an employer must have a clearly written “at will” statement in which both employer and employee can see their own responsibilities. The statement must be written in clear English, avoiding legal jargon or jargon.

In West Virginia, the “at will” employee may terminate employment at any time. This is not the case of the employer. The employer cannot terminate the employee’s job for an illegal reason. What is covered as an illegal motive? The employee cannot be terminated in a way that means she faces discrimination based on age, sex, race, religion, or being pregnant. The employee cannot be fired if he has spoken to the authorities about health and safety failures within the company or any other action for which he may be called a “whistleblower.”

Here are some tips on the “at will” statement.

There should always be a clear message that no company representative can change the statement “at will” through verbal or written promises. Work rules and disciplinary procedures should be reiterated in this document. There is no benefit to referencing other documents that are not passed on to the new employee. A copy of the “at will” statement must be provided to the prospective employee with the job offer or application form. If the “at will” status is intended to be for a certain trial period, you must ensure that this is stated in the job offer.

In short, be very clear about what you expect from an “at-will” employee. If there is a possibility of termination of their employment because they do not work according to the company guidelines or do not fit into the work environment, you must give them adequate warning before terminating it, giving them time to change their behavior. Also, you should always get legal advice before termination as it is to your advantage to follow the procedure correctly as this will save you time and money.