Proactive Negotiation of "For Cause" Employment

Proactive Protections Against At Will Employment

Company policies of "at will" can be overcome by private agreements
Read the existing policy: it may require a specific officer to sign an agreement requiring "cause" to terminate
Employers now write their "at will" policies as contracts that can only be modified in writing
Few employees give "at will" agreements much thought during the pre-hire process. Employers have given it much thought.
An agreement to perform services for a specific duration automatically requires legal cause to terminate

When Do You Have Bargaining Leverage to Require Cause to Terminate?

Your chances of negotiating a "for cause" contract are best before you are hired.
- You will need to identify the company officer authorized to negotiate such an agreement.
- Human Resource employees generally are not authorized, and merely repeat "company policy"
- Usually, the C.E.O., one of the Executive Vice Presidents have this authority
Who is the most likely to be granted an "exception" to the at-will policy?
- Highly skilled, "in demand" employees
- Persons being solicited to leave current, stable employments with reputable companies
- Executives being solicited by "start-up" companies to add to the credibility and power of the management
Submit a proposed simple form agreement or clause for consideration during the negotiations listing "good cause" reasons.
- Keep the Agreement simple, and do not attempt to guarantee life-time employment.
- A reasonable goal is one year requiring "cause", mitigating the risk of "making the big jump" to new employment.
Your greatest obstacle will be that "We've never done this before, not even for the CEO".
- Ask why? Quite likely, no one bothered to raise the question.
- Keep focused on why this makes sense to the Company, and emphasize that they can still fire "for cause".

Hit Counter

Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

I serve the Orange County, CA communities of : Aliso Viejo La Habra Anaheim La Palma Balboa Lake Forest Brea Los Alamitos Buena Park Mission Viejo Costa Mesa Monarch Beach Corona Del Mar Newport Beach Coto de Caza Newport Coast Cypress Orange Dana Point Placentia Dove Canyon Portola Hills Foothill Ranch Rancho Santa Margarita Fountain Valley San Clemente Fullerton San Juan Capistrano Garden Grove Santa Ana Huntington Beach Seal Beach Irvine Stanton Ladera Ranch Talega Laguna Beach Trabuco Canyon Laguna Hills Tustin Laguna Niguel Villa Park Laguna Woods Westminster Yorba Linda

I serve the San Bernardino County, CA communities of: Adelanto Apple Valley Barstow Big Bear Lake Chino Chino Hills
Colton Crestline Fontana Grand Terrace Hesperia Highland Joshua Tree Lake Arrowhead Loma Linda Lucerne Valley ntclair Needles Ontario Rancho Cucamonga Redlands Rialto Running Springs San Bernardino Twentynine Palms Upland
Victorville Wrightwood Yermo Yucaipa Yucca Valley

I serve the Los Angeles County, CA communities of: Agoura Hills Alhambra Arcadia Artesia Avalon Azusa Baldwin Park Bell Bell Gardens Bellflower Beverly Hills Bradbury Brentwood Burbank Calabasas Carson Cerritos Claremont Commerce Compton Covina Cudahy Culver City Diamond Bar Downey Duarte El Monte El Segundo Gardena Glendale Glendora Hawaiian Gardens Hawthorne Hermosa Beach Hidden Hills Huntington Park Industry Inglewood Irwindale La Canada Flintridge La Mirada La Puente La Verne Lakewood Lancaster Lawndale Lomita Long Beach Los Angeles Lynwood Malibu Manhattan Beach Maywood Monrovia Montebello Monterey Park Norwalk Palmdale Palos Verdes Estates Paramount Pasadena Pico Rivera Pomona Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Rosemead San Dimas San Fernando San Gabriel San Marino Santa Clarita Santa FE Springs Santa Monica Sierra Madre Signal Hill South El Monte South Gate South Pasadena Temple City Thousand Oaks Torrance Vernon Walnut West Covina West Hollywood
Westlake Village Whittier

I serve the Riverside County, CA communities of: Banning Beaumont Blythe Calimesa Canyon Lake Cathedral City Coachella Corona Desert Hot Springs Hemet Indian Wells Indio La Quinta Lake Elsinore Moreno Valley Murrieta Norco Palm Desert Palm Springs Perris Rancho Mirage Riverside San Jacinto Temecula