Under what condition are employees considered to be “at-will”?

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Employees are considered to be "at-will" primarily when they can be terminated without any reason, provided that the termination does not violate any specific laws or regulations. This means an employer can end the employment relationship at any time and for almost any reason, as long as that reason is not discriminatory or retaliatory in nature, or otherwise illegal.

The concept of at-will employment allows for a flexible workforce, which can be beneficial for both employers and employees. Employees under this arrangement do not have guaranteed job security and can also choose to leave their position at any time, thus creating a balance of power in employment relations.

The other options relate to specific conditions or agreements that restrict the fluidity of the employment relationship. For instance, being terminated for gross misconduct indicates a specific and serious reason for termination, which contradicts the essence of "at-will" employment. Similarly, signing a fixed-term contract establishes a predetermined duration for employment, which is inherently at odds with the idea of being at-will. Lastly, while probationary periods may involve more lenient standards for termination, they do not universally classify employees as at-will; an employer may still have specific criteria for termination during or after this period.

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