the United States
Make employment in the United States easy. Let us handle payroll, benefits, taxes, compliance, and even stock options for your team in the United States, all in one easy-to-use platform.
- Capital City
Washington, D.C.
- Currency
United States Dollar ($, USD)
- Languages
English
- Population size
328,239,523
Employment termination in United States
Termination process
All states (except Montana) fall under "employment at-will" which means employees or employers can terminate their relationship at any time.
Employers can generally fire employees without any reason, explanation, or warning. Several states recognize exceptions to the at-will employment doctrine in cases such as:
Employment contracts — employees who’re covered by collective bargaining agreements or contracts may have protections against summary dismissal that at-will employees lack
Implied contracts — employers cannot fire employees arbitrarily if an implied contract has been agreed upon in principle, whether or not it’s documented
Good faith and fair dealing — employers cannot terminate employees to avoid paying for agreed benefits like healthcare, pensions, or commission-based work like sales
Public policy — state laws can prohibit employers from letting employees go without just cause
Remote’s legal experts can help you navigate terminations to ensure employees are only let go fairly without leading to legal complications
Notice period
Notice periods can be included in the employment contract with agreement between both parties.
Employers typically provide at least two weeks advance notice although it’s not generally required if employees are hired on an at-will basis.
Severance pay
Severance pay in the United States is generally one or two month’s pay for every year worked, although there’s no requirement for it under the Fair Labor Standards Act.
Probation periods
Probation periods are not required under Federal Law in the United States. In all states (except Montana) "employment at-will" legislation applies which means the addition of a probation period is not necessary for employers.