An at-will employment agreement goes only so far

Our best and most consistent advice is to obtain an integrated at-will employment agreement from every employee, including a provision that any prior oral statement that isn’t in the at-will agreement is null and void. But as shown below, the protection of an at-will agreement may not cover every allegedly fraudulent employment promise.

Job isn’t what it was promised to be

Smule Inc. develops and markets consumer applications with a specialty in music social applications. It engaged in discussions with Kenneth White, which led White to move from Washington, D.C., to the San Francisco Bay area to accept a position as lead project manager. The job offer included an at-will employment agreement that he admits he read, signed, and understood.

During the negotiation process, Smule said it had significant problems with its development process, it wasn’t operating efficiently, and its lack of an experienced project manager had inhibited its growth. The company stated it needed an experienced project manager who could train, supervise, and recruit other experienced project managers; it wanted White to develop a functional project management team that would enable it to grow its business; and it wanted him to join the company to reorganize its project management operations and enable it to grow and operate more efficiently.