Arlington/Main Office
2200 Clarendon Blvd.
Ste. 1201
Arlington, VA 22201
(703) 312-0410
Contact>>>
Fairfax County Office
6367 Rolling Mill Place
Ste. 102
Springfield, VA 22152
(703) 455-0046
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Norfolk/Hampton Roads Office
World Trade Center
101 West Main Street
Ste. 435
Norfolk, VA 23510
(757) 200-7900
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Roanoke/Salem Office
113 East Main Street
Salem, VA 24153
(540) 387-3476
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Staunton / Harrisonburg / Charlottesville Office
116 E. Beverley Street, Suite 2000
Staunton, VA 24401
(540) 886-0110
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Washington, D.C./Maryland Office
641 Indiana Avenue N.W.
Second Floor
Washington, DC 20004
(202) 386-7470
Contact>>>
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The Nature of the Employment Relationship
Q: What kind of relationship generally governs employers and employees?
A: Most states, including Virginia, Washington, D.C, and Maryland, follow what is known as the "at-will employment" doctrine. Under this doctrine, individuals employed in such states work "at the will" of the employer, and therefore can be terminated with or without cause (provided the termination is not due to discrimination based upon a prohibited factor as further discussed below). As a result, it is not a violation of law per se for an individual to be denied a promotion or terminated based upon favoritism or personality differences.
Q: Are there other types of employment relationships, and what documents reflect the nature of that relationship?
A: The other fundamental type of employment relationship is known as employment for a term. In such a situation, the underlying employment relationship provides that the individual is to be employed for a specified term, or period of time. Thus, if an individual's employment contract states that he or she shall be hired for two years to perform a certain project, as a general matter they cannot be terminated prior to the completion of that term without adequate cause. Written employment contracts, to the extent they exist in a particular case, may very well state whether an individual is an employee at will or employed for a term. A company's employee manual or handbook may also clarify whether an individual is an employee at will or subject to other protections. One should consult an attorney to review the facts of each particular case to confirm the nature of the underlying employment relationship and attendant rights. |
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