By: Joseph H. Laverty, Esq.
Even with all the different federal and state employment laws being passed over the past two years, Iowa still, like the majority of other states, recognizes the theory of employment at will. What "Employment at Will" means is that if an employee is not working under an employment contract, they are deemed to be "at will" and their employment can be terminated for any reason so long as it's not an illegal reason, i.e. wrongful termination because of discrimination or in violation of a public policy (because the employee filed a Workers Compensation claim).
Many employers tell me that "Iowa is at will, I will just terminate the employee." Coincidently, this statement is oftentimes being told to me when I have been asked to give an opinion on a "high risk" termination. Yes, Iowa, like most states, is "employment at will"; however, employers would be well-served to always make a termination decision assuming that the (ex)employee is going to challenge their decision as being an illegal termination. That way, employers will have good documentation demonstrating why they are legally terminating the person. Employers, especially in this litigious society, should always make sure they have good documentation demonstrating a legitimate/legal reason for the adverse employment decision that will be taking place.
Questions? Please contact WS Shareholder and Senior Attorney Joseph H. Laverty at (563) 333-9102 or jolaverty@wesselssherman.com.
