‘At-Will Employment’ is Unique To U.S. Except Under This Circumstance
But be careful, there are still limitations when it comes to terminating international workers.
Terminating employees who work in countries outside of the United States can pose challenges. Because “at-will employment” is uniquely a U.S. concept, countries around the world have a very high bar when it comes to employee termination.
Though, there may be one exception. Read on to find out just when an employee working in a country outside the U.S. could be considered an “employee at will.”
The employee probationary period
The probationary period is a period of time during which the employment relationship most closely resembles employment at will. In many countries, probationary periods in employment contracts are permitted and can serve as a useful tool for employers when it comes to terminations.
The rules and standards vary, but generally, probationary periods of 3 to 6 months are not uncommon at the beginning of an employee’s employment.
A word of warning: Many employees attempt to negotiate to eliminate the probationary period out of their employment agreement. Be cautious about agreeing to such a provision. If you agree and the employee doesn’t work out, you could end up paying significantly more money to the employee upon termination.