An Employment Lawyer Explains At-Will Employment!

An Employment Lawyer Explains At-Will Employment! - Can you be fired for any reason or even no reason at all? In this video, I talk with Branigan Robertson, an employment attorney in California, about At-Will employment and right to work. We also answer the question - Should You Talk To An Attorney Or Go To The EEOC First?

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[pcp-xowj]

Thanks for showing us the issue from the perspective of an ambulance chaser, I mean labor attorney. Finally the gold diggers have someone to fight for them! That is if the ambulance chaser believes there's a buck in it for them. But you go on and believe that you have a friend who cares about you sweetie...

[tubalcain]

If there’s one take away I’ve learned after living 65 years now, and dying on the hill of at will employment, it’s that giving a good faith effort and integrity is no guarantee for job retention.

[TML]

Employers will simply say they "weren't the right fit", which is a complete joke. It becomes very hard to disprove this, however.

[CodeWarrior]

Just remember, at-will cuts both ways. I once worked at a small company run by a CEO that liked using at-will like a sword for employees that he didn't like. He didn't like it nearly so much when most of the staff started quitting with little to no notice, and his product was left as swiss cheese.

[eric]

I was a team lead at a tech company a number of years ago. One of the guys on my team was in the National Guard and his unit got activated after we got a big snow storm (we are in a part of the country that is not accustomed to large amounts of snow). After three days, my manager wanted me to fire him as company policy was to terminate an employee with three unexcused absences in a row. He said he didn't think the snow storm was that bad and he thought the governor overreacted when she activated the National Guard. I told him it wasn't considered an unexcused absence for military duty and it would be against the law to discipline him for that. He said that didn't matter since we were in an at-will state and again told me to start the termination process. I told him to send me an email with his exact instructions. As soon as I did that, he backed off and never brought it up again. I quit less than a month later.

[cuivre]

Great partnership! The employers will always deflect away from any illegal reasons for firing someone. My Director asked me if I could fire an employee while she was on maternity leave. I refused and told HR about his request. I was thereafter on his hit list due to me telling HR about his request. Even my direct supervisor was wondering why the director was always going after me.

[tobiasthederp]

Yeah 99% of employers will fire you because of some arbitrary reason. “Not a good fit”. Ain’t no way employees (unless it’s a group of them) have the funds to take on a big corporation. That’s why at will employment laws are a joke and will never change. When you have the perfect merger of state and corporate interests, it’s the working class that gets screwed.

[arkad]

I work in an at will state and job. I’m a repair tech that goes to our company’s customers and fixes their equipment.

One trick that I’ve pulled to get more pay is; I asked my employer to increase my pay and they said that it wasn’t a good time to discuss the matter. Well, when I’m was at a job site, I had to tear apart an engine for the repair. When I had everything disassembled on location, I called my boss and demanded an increase of pay. Or I was going to quit then and there. I told him that I have no problem putting my tools back in the truck, and punching out. I figured out when a good time was for him.

Gentleman, do NOT feel obligated to give a two weeks notice. Your employer doesn’t give you a heads up when they’re about to fire you. So you don’t give them a notice when you’re about to leave.

[cathyu.]

Brilliant collaboration! Looking forward to seeing more of these videos in the future.

[elanahammer]

Brian, I thank you for your advice. I followed your wise advice. I cleaned up my resume and will give it to anyone I interview with. Yes, at will employment states have good and bad points. 🤔❤🇺🇸

[theodoreroberts]

Back in '84, I was set up and fired for getting hurt on the job. After, I was hurt, I continued to work the job and was on time. I was hurt permanently. Got jacked in court and kicked to the curb. All to stay clear of welfare, I took the job to wind up on it anyway.
I looked at it as a life lesson that changed my life.

[IamBaldJesus]

We call you B Rob for short! You've helped out many people and it helped me so much during a time of complete chaos in my life. I've shared your video and the information within to so many people. More people know their rights and the more we hold employers accountable the less their tyranny can reign. Keep making videos! We need some new stuff!

[mattb]

The process the attorney discusses is very true- you will get a brief consultation to discuss case details and any evidence, and immediately get asked for a $2000-$3000 retainer fee where you will pay about $300+ per hour for anything he does and about $100+ for anything the paralegal does.

[asinsodojrn]

I never should have let go of my wrongful termination lawsuit. I was fired because I informed my manager that another manager was harassing me and discriminating against me for my ADHD. The very next time I saw that manager, I was terminated for "scheduling conflicts", which were discussed during my interview process and they hired me anyway. Probably my biggest life regret 😕

[Whatever]

Very often people just hear that your position was eliminated. The employer will never really give you a real reason. If you have a suspicion that there is a reason behind the layoff, but it’s gonna be hard to prove. What do you do?

[dhenderson]

In Australia, we have a strong union movement and there are unfair dismissal laws, so it is hard to sack people willy-nilly (however, some could argue that they go too far, as even people who were sacked for stealing from the company can sue).


So we instead have a probationary employment period (usually up to six months, but however long the company wants to make it, which is more "at will" (either side can terminate the agreement without consequence, for any reason, , within the first six months. However, after that, it goes to normal employment and employers are then bound by unfair dismissal laws).

[jaydenp]

Love to see this collaboration. Thank you so much.

[rrobles]

Thank you very much for this video!! I live in Florida which is an At-Will state. And at times I've felt powerless against companies because it feels like they have this ultimate power that makes them untouchable. I have found this video very helpful and educational. Thank you again!


There were some key points mentioned that I wish I learned earlier. I remember having an issue at a company I worked for a little over nine years. Issues started quickly after I reported a problem about not being hired for a position after meeting all of the qualifications. The manager hired under qualified individuals who would later come to me for help. After my complaint to the unit manager who did nothing, I then complained to the operations manager. That lead to them trying to find anything to fire me for, except that I had no prior write-ups or coaching. I ended up leaving the company for a better one.

[SwimminWitDaFishies]

Will check him out ... thanks for sharing! I find that the law omits alot of what actually happens in the real world. Mental anguish and physical ailments due to stressful working environments are what I'm talking about. I was once told by an attorney that a bad boss can be a jerk to you and that's not a valid reason for litigation. Can you follow up with a video about that?

[occupationalhazard]

I was fired from a full-time job so my employer can save money. I still work for them as a contractor, doing the same job. As a contractor, they don't have to pay benefits. From what I understand, this move is completely allowed in my state.