What Does At-Will Employment Mean?
When talking about finding or leaving a job, one phrase tends to stick out: “at-will employment.” It’s in your contract, it comes up when you talk about not liking your job, it may be part of the discussion if you are let go, but what does it actually mean? Does it really mean that you can quit or be fired without a reason? Are there any protections for you as an employee?
Definition
At-will employment comes from a labor law that allows an employer to terminate any employee for any reason, without warning. Conversely, an employee can leave their job at any point without any reason or warning. If you are hired as an “at-will” employee, courts usually won’t give you damages for any loss that incur as a result of being let go.
Implied Contract
There are some exceptions to at-will employment. One of the most common one is implied contracts. An implied contract can be made through oral assurances or written policies contained in an employee handbook, policy, memo. These statements could be outlines for disciplinary procedures, assurances of long-term employment, or a history of handling hiring and firing. Not only can these instances be taken as a contract, they are often enforced in court. Because of this, employers usually coach all written communication in general terms, to preserve their employee’s at-will status. They also include a statement that employees hired as an “at-will employee,” meaning that they can be let go or leave at any point.
Public Policy Exception
In addition to implied contracts, states can prohibit firing based on state policy or public service roles. For instance, you cannot be fired for serving on a jury or being deployed in the military, since these are public service roles. You also can’t be fired if you have applied for worker’s compensation, or for being a whistleblower. These stipulations allow employees to be contributing members of society and to act in self-interest without worrying about losing their jobs.
Legal Exceptions
The biggest exception to at-will employment is federally-protected classes. You cannot be fired as discrimination, retaliation, or defamation. These cases can be harder to prove, but they usually require you to prove that you were discriminated against, that it was a retaliation, or that the company has damaged your reputation. If this is the case, you will usually have to go to court. You probably won’t get your job back, but you can receive damages.
In the end, at-will employment is a way for employers to protect themselves against unlawful termination suits. You know what you are getting yourself into when you take a job that specifies that you are an at-will employee. Make sure you read all the documentation and contracts carefully so you are aware of the specifics of your job.
References:
Implied Employment Contracts and Wrongful Termination
Exceptions to Employment at Will
Battle of the Car Accidents: New vs Old
It’s not secret that new cars now have a variety of features, but do those features really make those cars better than older cars? After all, many older cars were built with solid metal frames and seem like they could hold up well in an accident against these newer plastic cars. Right? Let’s see what the data says. Here are 4 factors to compare how old cars measure up to new cars. Which will come out the victor?
Drivers Fatality Rate
Imagine if an older car and a new car were to crash into each other. If only one driver died, which driver do you think it would be? According to government studies, the driver of the older car is 70% more likely to die. The research, conducted by the National Highway Traffic Safety Administration, indicated that one is safer in a new car than they are in a car built in an older model, particularly one from before the mid-90’s. The research shows that the driver of a car 18 years or more old dies in an accident 71% more times than one in a three-year-old or newer vehicle.
That’s some pretty sobering statistics, particularly for parents who might want to put their teenage driver in a cheap clunker of a car. While your child may only need it to get from home to work and school, you want them to arrive safely, and buying a car older than they are won’t do it, even if you paid pennies for it.
What about middle-aged cars though? That same study by the NHTSA found that the driver fatality rate of cars eight to eleven years old is only 19% worse than brand new cars, and four to seven year old cars have a 10% worse driver fatality rate than new.
Conclusion: Models less than 11 years old have a significantly lower fatality rate than older models.
Seatbelts
So driving new cars is safer than driving older cars, but if you fail to buckle up, none of those safety features matter. The study by the NHTSA found that the odds of a belted driver being killed fell from 46% in cars that were 19 years old to 26% in new cars. However, in unbelted drivers, the odds started at 78% in old cars and dropped to only 72% percent in new cars. Consequently, whether or not you’re driving a new car, wearing your seatbelt raises your chances of survival by a large margin.
Conclusion: Wearing seatbelts in new cars is safer than older models.
Car Structure
While one might think that older cars are made of stronger metals, that’s not actually true. New models are made with lighter but stronger alloys, thanks to engineering feats. This means that new models aren’t as weak as you might think. In fact, one Australian study found that old cars sustain catastrophic structural failure in fatal accidents. The old cars in the study are also associated with severe leg, chest, and head injury to the driver. This is partly due to older models not having safety features like airbags, which are mandatory in new cars.
In Australia, old cars account for only 20% of the cars in the road, yet they cause 33% of the accidents. In the US, the average age of cars is older – around 11.5 years old.
Conclusion: New cars are stronger and more structurally-sound.
Winner: New Cars
New cars have a lower fatality rate and more safety features, and they are built better than most older models of cars. Many bad accidents involving old cars lead to fatalities for the drivers or passengers in the older car. According to Stewart Guss, no matter how careful of a driver you are, sooner or later, you’ll get into a car accident. Always wear your seatbelt, regardless of the age of the car. Seatbelts save lives and they can save yours.
You Have Rights; 5 Ways to Ensure Those Rights are Protected
When you are potentially facing criminal prosecution, you may feel intimidated and terrified. Both your actions and words before, during and after arrest can affect the outcome of the case, a factor that makes it important to ensure that your rights are protected. Regardless of the reason for arrest and being taken to custody, the constitution guarantees you certain rights that you can exercise.
Exercise your right to remain silent after an arrest
There is no doubt that being arrested can make for a terrifying experience. However, it is advisable to exercise your constitutionally protected right to remain silent. As much as you should remain compliant and avoid resisting the arrest, you do not have to answer all the questions asked by law enforcement agencies. The information you provide could have a major impact on the case.
Ask to speak with a lawyer
One of your fundamental rights when facing possible criminal prosecution is to have an attorney present while you are being questioned. In order to protect this right, you should ask to speak to a lawyer. It is never a good decision to answer the prosecutor’s questions especially if the charges you are facing are serious.
Contact your attorney
The criminal justice system can be quite complex, making it important to have an attorney who will give you expert advice and guidance. Contact an attorney for help as you want to be sure that every decision taken will be in your best interests. The attorney will also represent you in court during the trial stage.
Keep the details of the case between you and the attorney
It is normal to want to discuss the details of your case with family, friends and colleagues. However, protecting your rights under such circumstances requires that you keep these details between you and your lawyer. In the event that the case goes to trial, these individuals may be forced to testify against you. This may be a factor that may not work in your favor.
Listen to the legal expert
If you want to protect your legal rights, it would be advisable to listen to your criminal defense attorney. Once the legal expert has considered all facts, they will take the appropriate steps. In the end, the charges you face may be dismissed or dropped. There is also the possibility you could reach a plea agreement or the case could go to trial.
An experienced criminal defense attorney can help to ensure that the charges you face are reduced or dismissed. This is why you should work with a trustworthy attorney who is knowledgeable in the law and is familiar with the local justice system.
15 Tax Terms Every Adult Should Know
It seems that the older we get, the more complicated our taxes become. As our financial portfolio grows, so does our tax responsibilities. It’s difficult to remember all of the terms and what they each mean. Let’s take a look.
Adjusted Gross Income
Often called AGI, adjusted gross income is the total income that you’ve received throughout the year. This includes your wages, any interest accrued, capital gains, and dividends. The reason it’s called “adjusted” is because it also takes into account the deductions throughout the year. Any contributions made to an IRA, certain business expenses, alimony payments, and even moving costs. The AGI is your income minus the specific reductions and is the first place to start when determining your income tax.
Standard Deduction
A standard deduction is determined by your filing status and is available to all tax filers. It’s a fluctuating amount, year by year, based on inflation. This is the fixed amount that tax filers may deduct from their income. A standard deduction allows taxpayers to eliminate the need for itemizing actual deductions like medical, charitable, and state taxes. This is the most popular deduction method for tax filers.
Itemized Deductions
While a standard deduction is a specific dollar amount that fluctuates with inflation, itemized deductions allow taxpayers to deduct expenses from the AGI. This allows you to have a smaller income total when you calculate your annual taxes. Deductions must meet IRS limits before being claimed but include things like mortgage interest, gambling losses, charitable donations, other taxes, medical expenses, and losses from theft. Tax filers must prepare a Form 1040 and list the deductions on Schedule A.
Withholding
If you’ve filled out a W2 form, you might have seen the term withholding. This is often called pay-as-you-earn taxes. Rather than wait to pay the whole tax bill at the end of the year, this allows taxes to be taken from the wages prior to receiving a paycheck. The funds are placed into an IRS account and credited when you file your tax return at the end of the year.
Exemption
The IRS allows you to claim tax exemptions. This includes you, any dependents, and your spouse. Similar to a standard deduction, the IRS sets an amount for each of the exemptions that you subtract from your AGI to give you a lower income amount to file taxes. This is in addition to the standard or itemized deductions that you claim.
Taxable Income
The total, or gross, income, once you’ve adjusted for all deductions and exemptions, is your taxable income. This is the final dollar amount of income that is used to figure out what you owe in taxes for the year.
Tax Credits
Once you’ve calculated your tax bill, tax credits allow you to reduce what you owe to the IRS. Considered more valuable than deductions because they reduce the amount of tax owed. If you had a tax bill of $800 but qualified for $1000 in tax credits, you would end up with a refund.
Tax Deductions
The IRS allows tax filers to deduct expenses from the AGI to find the total taxable income. If you have a lower income, the tax bill should be lower, making this a beneficial tool for tax preparers. Two of the most popular deductions are the standard deduction offered by the IRS which is a fixed amount. The other popular deduction option is itemized deductions which allow you to get more specific with your deductions.
Voluntary Compliance
This is the system that keeps our economy honest. The IRS is a beast of an organization and even still it’s difficult to police every single taxpayer in the country. Voluntary compliance is the system in which taxpayers honestly report their income and tax burden to the IRS.
Progressive Taxation
The lower your income, the less you pay in taxes; the higher your income, the more you pay in taxes–this is the idea behind progressive taxation. You might have heard the term, tax brackets. The United States uses progressive tax brackets that start at 10% and rise to near 40% for the wealthiest of taxpayers.
Defined Contributions
The most popular type of retirement plan is a defined contribution plan. These include contributions made by yourself and your employer if you’re lucky enough. The account value will vary depending on performance. You’ll recognize defined contribution plans by their names 401(k), 403(b), profit sharing, and stock ownership programs. These fall into the AGI.
Defined Benefits
Less popular than defined contribution plans are defined benefits plans. Also a form of retirement plan, you’ll typically hear these called pension plans. More popular a few decades ago but still available depending on industry and company. It’s a guaranteed monthly benefit that you receive at retirement, usually based on salary or age.
Dependent
The IRS allows you to claim dependents on your tax forms. This is a person, other than yourself or spouse, in which you can claim as an exemption. Typically, this is a child or older relative for whom you provide full care.
Filing Status
Your relationship status determines how you are going to file your taxes and any tax breaks that you may be entitled. The most popular filing statuses are “Single”, “Married Filing Jointly”, and “Married Filing Separately.” The IRS offers a great resource to figure out the correct status for you.
Capital Gains
A capital gain is a profit that you’ve received from ridding your portfolio of an asset. These are things like selling stocks or real estate. A capital gains tax is a 15% tax incurred on these sales or 20% for wealthier individuals.
Learning tax terms doesn’t have to be difficult. The more prepared we are with what things are, the easier our taxes become. Understanding the complex world of taxation allows us to take control over our financial independence.
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