Also known as:terminable-at-will · at-will · at will termination
Written by attorneys · grounded in primary & secondary sources — see below
A legal relationship or interest that a party may end at any time without cause or prior notice.
Sources & Authorities
How it applies
Common Examples
5
Oral Road Access Revoked
Thaddeus Tran owns a farm next to land used by TechVista Solutions. After an informal talk, Thaddeus allowed the company to run an irrigation line across his property in exchange for indefinite truck access on a farm road. No written easement or agreement was ever signed. When Thaddeus later bars the trucks, the company holds only a benefit terminable at will.
At-Will Firing Upheld
Tiffany Torres worked at Titan Industries under an oral understanding that either side could end the job at any moment. After Torres reported a coworker, Titan terminated her without notice or stated reason. Torres cannot claim breach because the relationship remained terminable at will.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Casebooks
Study Supplements
Foley v. Interactive Data Corp.47 Cal. 3d 654, 254 Cal. Rptr. 211, 765 P.2d 373
Contract Modification Attempt Fails
Travis Tate held an at-will sales position at Twin Rivers Bank. He signed a new document promising multi-year retention and specific termination steps, yet the bank later ended the role without following those steps. Tate recovers nothing because the original at-will status was never altered by consideration.
Patterson v. McLean Credit Union491 U.S. 164 (1989)
Cohabitation Arrangement Ends
Tobias Thomas and Talia Torres lived together under an oral promise of shared property rights with no fixed term. When the relationship soured, Thomas demanded Talia leave immediately. The arrangement created only an interest terminable at will, so Thomas could revoke access without further obligation.
Hewitt v. Hewitt394 N.E.2d 1204 (Ill.1979)
Public Employee Speech Dispute
Tamara Tan worked as an at-will nurse at Torchlight Media's clinic. She spoke to a reporter about staffing shortages. The clinic fired her after learning of the interview. Because the employment was terminable at will, the clinic faced no liability for the discharge.
Waters v. Churchill511 U.S. 661 (1994)
Common questions
Frequently Asked
4
When does failure to satisfy the Statute of Frauds make a servitude terminable at will?+
An agreement intended to create a servitude that lacks a sufficient writing leaves the burden unenforceable and the benefit terminable at will unless an exemption or the part-performance exception applies.
Supporting sources
How does a tenancy at will differ from a periodic tenancy when rent is paid?+
A lease with no stated term and no periodic rent creates a tenancy at will terminable by either party at any time. Payment of periodic rent usually converts the arrangement into a periodic tenancy terminable only at the end of a period after proper notice.
Supporting sources
Does employment at will prevent recovery for bad-faith termination?+
Employment at will allows termination for any reason or no reason, but some jurisdictions permit recovery when the employer terminates in bad faith to deprive the employee of earned compensation.
Supporting sources
Can a competitor be liable for interfering with a contract terminable at will?+
A competitor does not improperly interfere with a contract terminable at will when the interference advances the competitor's own interest, involves no wrongful means, and does not create an unlawful restraint of trade.
…begin by acknowledging the fundamental principle of freedom of contract: employer and employee are free to agree to a contract terminable at will or subject to limitations. Their agreement will be enforced so long as it does not violate legal strictures external to the contract, such as laws affecting union membership and activity,…
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