If you’re working from home and wondering how your job security is affected, especially with the concept of “at-will employment” hanging around, you’re in the right place. This article explains how at-will employment works when you’re working from home and what you need to be aware of to ensure you’re as informed as possible about your rights (or lack thereof).
What Exactly Is At-Will Employment?
At-will employment is a common type of employment relationship in the United States. Essentially, it means that an employer can terminate an employee at any time, for any reason (or no reason at all), as long as it’s not an illegal reason. Similarly, an employee can leave their job at any time, for any reason, without facing any legal penalties. There are exceptions to this rule, which we’ll talk about later. The key element is the lack of a guaranteed employment contract for a specific term. The Bureau of Labor Statistics reports that the vast majority of U.S. workers are employed at-will, highlighting its prevalence in the workforce. For instance, if your job offer doesn’t specify a length of employment (like a one-year contract, for example), you’re likely an at-will employee. This is quite different from countries with stronger employment protections, where terminating an employee can be a long and complicated process.
The Impact of Working From Home on At-Will Employment
The transition to work from home arrangements doesn’t fundamentally change the at-will nature of employment. If you were an at-will employee before working from home, you remain one even while working remotely. This means your employer still has the right to terminate your employment at any time, provided it’s not for an illegal reason. However, the rise of remote work has introduced new nuances that employees should be aware of. For example, performance measurements may now be more heavily focused on output and productivity metrics, which could potentially impact disciplinary actions and terminations. Also, tracking hours and activity while work from home can be subject to laws in certain states and affect the at-will employment.
Remember, the physical location of your work does not generally affect your at-will status. It’s about the terms of your employment agreement, not the location you are carrying out those terms.
How Remote Work Can Change How Employers View Performance
With work from home, it can be more difficult for employers to directly observe an employee’s day-to-day activities. As a result, they may rely more heavily on measurable metrics like project completion rates, sales figures, and client feedback.
For instance, previously, an employer might have considered an employee’s “work ethic” based on subjective observations (e.g., arriving early, staying late). Now, with work from home, the focus likely shifts to whether the tasks are being completed on time and within budget. This increased reliance on metrics can create pressure but can allow easier time tracking and more accurate performance evaluations, also making it easier for them to make performance-based decisions.
Also, there’s a potential for companies to invest in software that tracks employee engagement with work applications and websites. If an employer finds that an employee is spending significant time on non-work-related activities, it could see that as a basis (though maybe not sufficient) for termination, provided that this is in line with stated policies and doesn’t violate any applicable privacy laws.
What Are the Exceptions to At-Will Employment?
While at-will employment gives employers significant latitude in terminating employees, it’s not absolute. Several exceptions exist that protect employees from wrongful termination:
Discrimination: Employers cannot terminate employees based on protected characteristics such as race, religion, gender, age, national origin, disability, or genetic information. Federal laws like Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 prohibit such discrimination. State laws often expand upon these protections. The EEOC (Equal Employment Opportunity Commission) handles claims of discrimination. If you believe you were fired because of discrimination, this will most likely be your first step.
Retaliation: Employers cannot terminate employees for engaging in legally protected activities, such as reporting illegal workplace activity (whistleblowing), filing a worker’s compensation claim, or participating in an investigation of discrimination. Laws like the Sarbanes-Oxley Act and various state whistleblower protection laws safeguard employees against retaliation.
Implied Contract: Even without a formal written contract, an implied contract can arise from an employer’s statements or conduct that suggests a promise of continued employment. For example, if an employer repeatedly assures an employee that they will only be terminated for “just cause,” a court may find that an implied contract exists. For remote workers, this could come up if the company has a document or email explicitly saying the only cause for dismissal is for not doing the job, but continually lets that behavior go, then ends up dismissing someone based on that cause.
Public Policy: An employer cannot terminate an employee for refusing to perform an illegal act or for exercising a legal right. For example, an employer cannot fire an employee for refusing to violate a law or for serving on a jury.
Breach of Contract: If an employee has an employment contract that specifies the terms and conditions of employment, termination in violation of those terms can constitute a breach of contract. Contracts exist regardless, written or implied.
Documenting Your Work and Performance While Working From Home
Because work performance can be viewed in a different light with work from home situations, it’s very important for the employee to also keep records. Here’s why documentation is so important, why the risks are higher with work from home.
Protecting Yourself: Documentation is helpful if you believe you were unfairly terminated or were discriminated against. For instance, keep records of positive performance reviews, emails praising your work, project completion dates, and client testimonials. This should be in addition to company provided documents to ensure full control over their security.
Meeting Expectations: Keep track of your performance metrics and compare them to the expectations set by your employer. If your employer expresses concerns about your performance while working from home, you can use your documentation to demonstrate your achievements and productivity.
Hours Worked Tracking: Keep detailed records of your work hours, especially if you’re an hourly employee. This is particularly important for ensuring you’re paid correctly and to address any discrepancies in company records, especially in states with specific requirements for rest and meal breaks. A simple excel sheet with a manual calculation can suffice for your personal storage to compare it with any automated software provided/used by the company.
Communication Records: Save important emails and messages related to your work assignments, deadlines, and performance feedback. These records can be extremely helpful in case of a dispute.
Navigating Company Policies and Procedures
When working from home, it’s essential to be familiar with your company’s policies and procedures, as you would with an office job. However, there may be specific policies related to remote work that you should be aware of, and the importance of them becomes even more pronounced.
Review the Employee Handbook: Familiarize yourself with the company’s employee handbook, paying close attention to sections on performance expectations, disciplinary procedures, termination policies (if any), and remote work guidelines.
Understand Remote Work Policies: Many companies have separate policies specifically addressed to remote workers. These policies may cover topics such as work hours, communication protocols (especially important now), data security, use of company equipment, and expense reimbursement. Make sure you understand these policies and adhere to them.
Ask Questions: If anything is unclear or if you have any concerns, don’t hesitate to ask your supervisor or HR representative for clarification. It’s always better to address any questions or issues proactively.
Document Policy Changes: If your company changes its policies, be sure to document the changes and understand how they affect you. This might include saving emails announcing policy updates or attending training sessions related to the changes.
State Laws Impacting At-Will Employment
It’s crucial to understand that state laws regarding at-will employment can vary. While most states adhere to the general principles of at-will employment, some states have stricter rules or offer greater employee protections. Here are some examples:
California: California is an at-will employment state, but it also has a strong public policy exception. Employers cannot terminate employees for reasons that violate public policy, and California courts have interpreted public policy broadly.
Montana: Montana is the only state that does not have at-will employment. In Montana, an employer can only terminate an employee for “good cause” after a probationary period.
Other States: Many other states have adopted various exceptions to at-will employment, such as protection for whistleblowers or employees who refuse to perform illegal acts. Some states also offer greater protection against discrimination.
It’s important to familiarize yourself with the laws of the state where you work (even when working from home) to understand your rights and protections. For instance (this is not to be taken as legal advice), if you live in California, you will receive more protections as an employee than if you live in Florida.
Protecting Your Job While Working From Home
While at-will employment means that your job is never fully guaranteed, there are steps you can take to protect yourself and minimize the risk of termination.
Be Proactive: Be proactive in meeting and exceeding your employer’s expectations. Consistently deliver high-quality work, meet deadlines, and maintain good communication with your supervisor and colleagues.
Set Boundaries: While working from home can blur the lines between work and personal life, set clear boundaries. Establish a dedicated workspace, maintain a regular work schedule, and avoid mixing personal tasks with work responsibilities.
Seek Feedback: Regularly seek performance feedback from your supervisor. Ask how you can improve your work and address any concerns they may have. Use this feedback to continuously improve your performance and demonstrate your commitment to your job.
Stay Informed: Stay informed about your company’s policies and procedures, as well as any changes in state laws that may affect your employment.
Network: Maintain a strong professional network. Networking can help you stay connected to job opportunities and learn about industry trends.
Data Security and Working From Home Implications
Work from home adds another layer to data and information security. Failure to adhere to company policies or industry regulations can result in termination, even under at-will employment.
Understand Company Security Policies: Be thoroughly aware of your company’s data security policies, especially as they relate to remote work. This includes the secure handling of sensitive data, password protection, physical device security, and reporting security breaches.
Compliance with Data Protection Laws: Familiarize yourself with applicable data protection laws such as GDPR or CCPA, as these can impose strict requirements on how personal data is handled, stored, and processed.
Device Security: Ensure that all company-issued and personal equipment used for work are adequately secured with strong passwords, up-to-date antivirus software, and regular security patches.
Secure Networks: Use secure, private networks for work-related activities. Avoid public Wi-Fi networks, which are more susceptible to cyberattacks.
Stay Informed about Data Security: Keep abreast of the latest data security threats and best practices. Engage in regular security training provided by your company to stay informed about current risks and how to mitigate them.
The Importance of Communication While Working From Home
Effective communication is not only crucial for productivity but also for maintaining a positive professional relationship with your employer, which can indirectly influence job security.
Regular Updates: Provide regular updates on your progress to your supervisor and team members. This can include daily or weekly progress reports, updates during team meetings, and prompt responses to emails and messages.
Proactive Issue Reporting: Promptly report any issues or challenges as they arise. Do not wait until problems escalate before informing your employer.
Seek Clarification: If you are unsure about any aspect of your work or company policies, seek clarification from your supervisor or HR representative.
Professional Communication: Maintain a professional tone and demeanor in all communications, whether written or verbal. Avoid using slang, emojis, or inappropriate language in work-related communications.
FAQ Section
What happens if I’m fired without a warning while work from home?
Under at-will employment, your employer generally doesn’t have to give you a warning before firing you, unless it violates the exceptions listed further above. However, some companies may have a policy of providing warnings or performance improvement plans before termination.
Can my employer monitor my work activity while work from home?
Yes, within legal limits. Many companies use monitoring software to track employee activity on company devices and networks. However, laws regarding employee monitoring vary by state.
What if I suspect my termination was discriminatory while work from home?
If you believe you were terminated due to discrimination, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency.
Does my at-will employment status change if I move states while work from home?
Yes, it could. Your employment is typically governed by the laws of the state where you are working, which in this case, is your work from home location. So, if you move to a different state, your at-will status could potentially change based on the laws of that new state.
Am I entitled to severance pay if I’m fired while work from home?
Unless you have a contract that guarantees severance pay, your employer is generally not required to provide severance pay under at-will employment. However, some companies may offer severance pay as a matter of policy or practice.
