At-will employment is a common phrase found in many Maryland employment agreements. Typically, the terms of that employment relationship allow either party to terminate the agreement, at any time, and without cause. Yet when an employer chooses to act on an at-will provision, it often makes the news.
A recent example from Charles County provides context. A county administrator had been hired in an at-will position in 2009. However, a local election the following year replaced 80 percent of the five county commissioners to which the administrator reported. In June 2012, the administrator received a letter, serving as 10-day written notice of her termination. The administrator later read in the local newspaper that the county commissioners’ decision, made in a closed-door session, had passed by the narrow margin of three in favor, two against.
In response, the county administrator wrote a letter to the editor, which the local newspaper published. The letter thanked the local community, while perhaps hinting at the politically divided nature of the local administration. The administrator recently accepted a new position in St. Mary’s County, where the local commissioners including a waver in her employment contract regarding the residency requirement.
As this example illustrates, the press often scrutinizes employment agreements — especially those involving local, state or federal government positions — when an employer makes a reduction in force or a termination. For that reason, it is important for an employer to memorialize all material terms in writing. In that regard, a consultation with an employment agreement attorney may be of benefit. An attorney can ensure that no potentially controversial issues are overlooked.
Source: somdnews.com, “Residency rule waived for new St. Mary’s County administrator,” Jason Babcock, April 3, 2013