“At-Will” Employment

“At-Will” Employment

Introduction

At-Will employment is defined as the employment where an employer has a full authority to terminate any of its employee without any reason and whenever they want. Similarly, this is also applicable to the employee that he/she is allowed to leave the organization any time he/she wants, without any specific reason and also without any prior notice.

At-Will employment also refers to the notion that employer has a right to change and modify the terms and conditions of the employment agreement without any prior notice to the employee. This leaves the employees to remain vulnerable against such sudden and arbitrary dismissals. Furthermore, it also paves the way for employers to cut the benefits and pays according to the work that is required from an employee (Rosseau, Santos, & Grossman, 2008).

There has also been a lot of criticized by many professors regarding at-will employment, as they propose that the law is based on some faulty suppositions. It is basically the principle of American Law, which involves the intrinsic division of authority in the critical relationship between employee and employer. However, many professors also credit the At-Will employment law as being the key factor of US economy's overall strengths (Lofaso, 2011).

Exceptions to "At Will" Employment

At-Will employment also has some exceptions, as it is described and mentioned in the Common Law. These exceptions are focused on the termination conditions of the employees. There are three major exceptions related to this At-Will employment law. These exceptions are public-policy exception, implied-contract exception, and covenant-of-good-faith exception.

Public-policy Exception

The public-policy exception of at-will employment highlights the wrongful termination of employee against unambiguous situations and clearly defined policies of the State. It also mentions that employees could not be terminated on the grounds which violate the public policy of the State. For instance, an employee cannot be terminated by his employer on grounds of employee who files claim for compensation against being injured during his working hours (Dannin, 2007).

Implied-contract Exception

Under implied-contract exception of at-will employment law, employees are prohibited to terminate the employers once an implied contract is been signed by both the parties. This contract is formed and signed on the mutual understanding of both the parties; employer and employee. The reason for such contract is that employer must ensure the employee for continuous employment representation. The representation regarding the security of the job can be made either through written or oral commitments by the employer (Sentell, & ...