Douglas Geyman maintains a thriving legal practice in San Diego, California, where he concentrates on prosecuting and defending employment law cases. He has argued numerous wrongful termination cases as well as discrimination cases, wage and hour cases, and other related matters.

In an at-will employment situation, either party can legally terminate the relationship with or without notice. Furthermore, in all states except Montana, the employer can terminate the relationship without due cause, unless stated otherwise in a signed agreement. However, an at-will employer can still be sued for wrongful termination if he or she violates a universally applicable discrimination law, fires an employee for refusing to break a law, or terminates employment due to the employee's union activity.

In addition, an employer that uses language contrary to the at-will relationship, even casually, may be held legally accountable on the grounds that he or she changed the nature of the relationship. As a result, employers with at-will employees are typically urged by legal professionals to use specific “at-will” language in all communications, written or verbal, that relate to the position.

Losing a job can be a very emotionally charged experience. However, if you ever find yourself in this unfavorable situation, you should be sure to keep a level head and adhere to the following suggestions: 

1. If your employer makes any offers, take time to comprehensively review the offers, talking to an attorney if need be, before signing any agreements. Do not act immediately and refrain from taking the employer’s first offer.

2. Make sure that all severance packages or other financial offers are made in writing. 

3. If possible, take time before deciding whether to resign or be terminated from your position. 

4. When negotiating your severance package, be sure to include medical and dental coverage in your discussions. 

5. Finally, do not allow your severance package to be contingent upon new employment offers. 

If you need assistance with the above, do not hesitate to discuss your situation with an experienced employment law attorney who can get you the severance package you deserve. 

About the author: Douglas Geyman is an employment law attorney with his own private practice in San Diego, California. He has been helping clients since 1992 and has been recognized as one of the area’s best attorneys by the San Diego Bar Association.