At-will employment

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's race or religion).

Overview

At-will employment disclaims any contractual obligation to continue employment and emphasizes that the employment is not for a definite term. It is distinguished from statutory rights (such as those in the U.S. that prohibit dismissal because of race, color, religion, sex, or national origin).

History

The doctrine of at-will employment originated in the 19th century in the United States. It was established as a default rule in the landmark case of Payne v. Western & Atlantic Railroad (1884), which held that in the absence of a contract specifying the length of employment or grounds for termination, either party could terminate the employment relationship at will.

Criticism

Critics of at-will employment argue that it allows for arbitrary termination of employees, which can lead to high turnover rates and job insecurity. They also argue that it discourages employee loyalty and long-term planning.

See also

• Employment contract
• Wrongful dismissal
• Constructive dismissal
• Employment discrimination

References

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  Public Policy Exceptions

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  Implied Contract Exceptions

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  Covenant of Good Faith and Fair Dealing Exceptions