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What “At Will” Employment Really Means

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What “At Will” Employment Really Means

PRE-EMPLOYMENT STATEMENT
(Please read before signing)
I understand that the organization will rely, in part, on the information I provide in my resume or this Employment Application in considering whether to hire me. I understand that it is essential that I provide complete and accurate information and certify that I have done so. Suppose the organization discovers at any time that I failed to thoroughly and honestly give any information requested of me during the pre-employment process. I understand that my application will no longer be considered or, if I am currently working for the organization, that I will be subject to disciplinary action, including termination of employment.

The organization is committed to compliance with the provisions of this nation’s immigration laws regarding verification of employment eligibility. Any offer of employment will be contingent upon your ability to provide legally sufficient documentation showing your eligibility to be employed by this organization. Applicants or associates that present fraudulent documents for employment verification purposes will be terminated.

I authorize the organization to contact anyone that it deems appropriate to verify the information I have provided or investigate past performance and suitability for employment. I consent to be discussed with any person contacted by the organization and waive all rights to bring any action for defamation, invasion of privacy, or any similar claim against anyone that provides information to the organization with a good faith belief that the information provided is accurate.

I understand that this Employment Application is not an offer of employment. I realize that nothing in this Employment Application creates a contract between the organization for work or any other benefit and me. No promises regarding employment have been made, and I understand that no such promise or guarantee is binding upon the organization.

I understand that if I am hired, I will be an associate¬†“at will,” meaning I am not hired for any definite length of time. The organization or I can terminate my employment at any time for any or no reason.¬†

If employed, I understand and agree that the organization retains the sole right, it is a business judgment to modify, suspend, interpret, or cancel, in whole or in part, at any time, with or without any notice, any published or unpublished policy, practice, procedure, process, or benefit.

If employed, I understand that I may be required to comply with federal and state Drug-Free Workplace Laws and regulations. I understand and agree to comply with such laws.

If employed, I understand that as a condition of employment that I may be required to agree to and sign the organization’s confidentiality, non-compete, or other similar agreements. I agree to notify the organization during the pre-employment process of any confidentiality, non-compete, and other equivalent agreements that I may have already signed with current and former employers, or other potential conflicts.¬† I understand that the technical processing and transmission of the application, including my personal information, may involve (a) transmissions over various networks, including the transfer of this information to the United States and other countries for storage, processing, and use by its affiliates and their agents; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, I agree to permit such parties to make such transmissions and changes, and as a result of this, provide the necessary consent for the same.

The employment-at-will doctrine applies to any employee without an explicit contract for a fixed term. This doctrine, in effect, gives an employer the right to terminate, fire, or let go of any employee for any given reason lawfully. Fortunately for employees, there have been many amendments to the at-will doctrine over the years. Commonly referred to as “The Law of Unjust Discharge,” These laws, having been created by statute or court decisions, significantly restrict an employer’s right to discharge at-will employees, thereby substantially eroding the legal and practical effect of the at-will doctrine.

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