Employment Agreements Explained Confusion tends to exist among people about what constitutes an agreement. An agreement does not necessarily have to be in writing. It can also be oral. However, in the employment context, most employment relationships are not based on a written contract. An employee can be hired and fired at-will for any reason in this state that does not violate discrimination, retaliation or other similar statutes. “Under the American common-law rule, when the length of the master/servant relationship is unspecified by contract, either the employer or employee can terminate the employment without liability.” Without a written agreement specifying otherwise, employment can be terminated by either party at any time. In some states, this doctrine has been modified by exceptions that restrict the grounds for termination. The exceptions generally rest on three distinct theories: (a) Public policy tort, (b) Tortious breach of an implied covenant of good faith and fair dealing … Continue reading →