Employment law is a complex matter and the laws differ significantly from state to state. If union or other contractual arrangements are involved, the situation becomes even more complex. If the firm has an employment manual or other formal or even sometime informal arrangements, these may all have an impact on making determinations. For many closely held businesses, shareholder and other agreements also have provisions which affect employment, either directly or indirectly through stock ownership control and buyout provisions which can affect employment. All this needs to be considered and generally should be addressed by an attorney specializing, at a minimum, in business law matters, if not primarily concentrating on employment issues.
Many employment agreements address the issue of termination.
This means that the employee, at least according to the terms of the contract, can be fired at any time. State law and other facts and circumstances could possibly change this result. Some agreements provide for termination by either party upon a specified number of days of prior written notice. In general terms, if the agreement is clear, then either party can give notice in conformity with the specific requirements in the contract and terminate. Some contracts will provide for a specified severance payment in the event of termination.