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3.2 At-Will Employment Statement

Employment with THE COMPANY is strictly at-will. This means that either you or THE COMPANY may end the employment relationship at any timewith or without cause, and with or without prior notice, for any lawful reason or for no reason at all. 

No Team Member is guaranteed employment for any specific length of time.
No policy, practice, benefit, procedure, performance review, or verbal or written statement alters the at-will nature of employment.

 

No Employment Contract

Nothing in this Team Member Handbook—or in any other THE COMPANY guideline, communication, practice, or policy—creates, or is intended to create:

  • an express or implied employment contract,
  • a guarantee of continued employment, or
  • a promise that termination will occur only “for cause.”

No representative of THE COMPANY, including managers, supervisors, Human Resources personnel, or SUBWAY® Corporate, has the authority to alter or contradict this policy.

Employment decisions—including but not limited to hiring, promotion, scheduling, pay, job duties, discipline, and termination—are made at THE COMPANY’s sole discretion, except where prohibited by law.

 

Authority to Modify At-Will Status

Only the Owner/President of THE COMPANY may enter into any agreement that changes the at-will employment relationship.
Such an agreement:

  • must be in writing,
  • must clearly state the modification, and
  • must be signed by both the Owner and the Team Member.

No other individual has the authority to make any binding promise or guarantee regarding future employment.

 

Conflicts With Written Agreements

If you and THE COMPANY enter into a separate written employment contract signed by the Owner that conflicts with this policy, the terms of that signed contract will control. Otherwise, the at-will employment policy governs.

 

Unlawful Exceptions

While employment is at-will, THE COMPANY will not terminate or discipline Team Members for any reason that violates federal, state, or local law.
Prohibited reasons include (but are not limited to):

  • Discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, genetic information, or any other protected category.
  • Retaliation for reporting or participating in investigations of discrimination, harassment, or other unlawful conduct.
  • Filing or pursuing a workers’ compensation claim.
  • Jury duty or other legally protected civic obligations.
  • Military service or protected military leave under USERRA.
  • Exercising rights under the Fair Labor Standards Act (minimum wage, overtime, or wage complaints).
  • Engaging in protected concerted activity under the National Labor Relations Act (NLRA).

 

Team Member Rights Under the Law

Nothing in this Handbook, or in any THE COMPANY or SUBWAY® policy, will be interpreted or enforced in a way that interferes with or restricts Team Members from exercising rights protected by federal, state, or local law, including their rights under Section 7 of the National Labor Relations Act (NLRA).