At Will Employment Agreement (California)This customisable document is an offer letter and employment agreement for the at-will employment of a non-executive employee in California.
This document is an offer letter and employment agreement for the at-will employment of a non-executive employee in California. It is drafted to comply with both California and federal law. It is customizable to apply to both full-time and part-time at-will employees.
Section 6 of this document explicitly states that the employment relationship is conducted on an at-will basis. Employers should be careful not to insert provisions that may imply the contrary, such as a provision that sets a term for the employment for a period longer than a month. In California, employment is at will if the employment contract is not for a specified term. Employment for a specified term means employment for a period greater than one month. Cal. Lab. Code § 2922.
What does the At Will Employment Agreement (CA) cover?
Position, and duties;
Remuneration, bonus, and benefits;
Notice period, leave and termination provisions;
Policies and procedures;
Confidentiality provision; and
Severability, variation, jurisdiction.
Other names for At Will Employment Agreement (CA) include:
Employment Contract; and
Contract of Employment.
Further information on drafting the At Will Employment Agreement (CA)
For more information on at will employment, see Employment at Will: What Does it Mean, Its Benefits, and Employee Rights.
Employers should be wary of the legal requirements for exempt and non-exempt employees. For more information, see When Can An Employee Be Classified As Exempt?
For more information on the difference between an employee and a contractor, see Employee vs Independent Contractor: What’s The Difference?
For more information generally on draft employment agreements, see What is an Employment Agreement: An Essentials Guide For Employers in California.