Question about at-will employment law

[ballettmaus]

My employer is changing and the new employer has been hesitant to change the language regarding to termination that they have in their contract.
It states that the agreement is for 12 months initially. It goes on to say that "Thereafter, this agreement will renew automatically for an additional terms of twelve months unless either party shall give written notice at least 30 days prior to any such renewal that the agreement shall not so renew. Client may terminate this agreement on 30 days' notice without cause. Client may terminate this agreement for cause should freelancer breach agreement or if convicted of a felony".

Based on the conversations I've had, I'm not sure if their goals align with the goals I was originally hired for and that are essentially, my goals. So, I'd like the opportunity to easily get out of the contract at any point. I find the language regarding "either party" not as clear as I'd like it to be. The conversation we had also didn't give me much clarity.
I asked that "client" be changed to "either party" on both occasions because I wanted to assure that I would be afforded the same right of termination (as had been the case for my previous contract, two weeks' notice for either party, stated in plain English). I haven't seen the revised contract yet but in our conversation, at least, they were reluctant to commit to the change I was asking for.

The company is registered in Delaware and I now read that Delaware is an at-will state. I googled but it's legal language, so I would appreciate if someone could explain what exactly that means or rather, if that means that I could get out of the contract whenever I choose to or do I need to insist that this is made clear in the contract? (One of the things I've been considering is suggesting a trial period that would allow them as well as me to see if I'm a good fit).

 

[MacMadame]

I'm in an at-will state. It means they can fire you for any reason at any time.

However, it can't be discrimination. i.e., if they do a layoff and 80% of the people laid off are women at a company with 80% men, you have a good case that it's unlawful termination and can sue. (That example is extreme to make a point.)

They don't have to give notice unless the company is big enough, as there are federal rules about that. For those companies, if a layoff happens and the number of people being laid off is greater than a certain percentage, they have to give you X days notice or pay you in lieu of notice.

Delaware may have additional restrictions and laws about it and different thresholds like California does. I only know CA as I dug into this when a bunch of us thought our company violated the notification conditions of a big layoff. That's when I discovered that CA had different thresholds than the feds. CA has a website with some of this info in layman's terms.

It also means you can quit at any time for any reason. You don't even have to give notice. (But in most professions, it's a good idea.)

But I am not a lawyer, so I don't know if that contract would override the "can quit at any time for any reason" part of being At-Will.

 

[Private Citizen]

I would recommend you speak with a lawyer, as you seem to have some fundamental misunderstandings about basic principles. (I say as a non-lawyer, with the caveat that I may be wrong -- hence my advice to speak to a lawyer.) Your questions are fairly simple, and I suspect even a basic qualified lawyer will be able to help you for not much money.

With the caveats that I am not a lawyer and I highly recommend you speak to an actual lawyer:

From your description, it seems you are a contractor / freelancer, not an employee -- so I'm not sure you even have an "employer." You seem to have a client.

If you have a contract, you are unlikely to be an "at-will" employee, even if you are employee (which I don't think you are - the wording refers to you as a freelancer). At will usually means you don't have a contract. Here are some basics: https://legal.thomsonreuters.com/en/insights/articles/at-will-employment-doctrine

About your situation:

It seems to me that the company is treating you as a service provider, not an employee. Based on the excerpt you posted, you don't have any rights to terminate the service you're providing to them except at specific renewal points and with 30 days advance notice. They, on the other hand, can terminate your services anytime they want with 30 days advance notice.

If you decide you no longer want to provide your services at any point except 30 days prior to renewal date, you may have liability to the company -- i.e., you could be sued. The likelihood of them doing it is probably low, but you should be aware of the risks and seek to modify the language if you're uncomfortable with the risks.

The company is registered in Delaware and I now read that Delaware is an at-will state. I googled but it's legal language, so I would appreciate if someone could explain what exactly that means or rather, if that means that I could get out of the contract whenever I choose to or do I need to insist that this is made clear in the contract?

You are very mixed up on a number of points, and I would again suggest you speak to a lawyer. But short answer is NO, do not rely on any presumption of at-will employment here since you are neither at-will nor an employee.

You do need to insist that a right to terminate the contract is made clear in the contract by amending "Client may terminate this agreement on 30 days' notice without cause" to "Either party may...."

 

[MacMadame]

From your description, it seems you are a contractor / freelancer, not an employee -- so I'm not sure you even have an "employer." You seem to have a client.

If you have a contract, you are unlikely to be an "at-will" employee,

Good point!