Employment-At-Will Doctrine

Employment-At-Will Doctrine

Introduction

Many employees believe that job security should be provided among other benefits in response to satisfactory job performance. However, this expectation has eroded in recent years, and satisfactory job performance does not contribute in retaining jobs for the employees. From several years, employment in United States has been at will. The employment-at-will doctrine states, if an employee is not in an employment contract and the duration of employment is not settled, the employee can be terminated by the employer not even necessarily providing a valid reason. The doctrine states that employees should be free to enter into the contracts for particular time duration, but there is no obligation to the employee or employer if an individual was hired without such kind of a contract. It further reflects the belief that if employees can leave the job positions they don't care for, the employers can also terminate them on their own will (Muhl, 2001). The employment-at-will doctrine comprises all the stated factors, but it is not without its limits and covers several other aspects.

Discussion

As stated above, the employment-at-will doctrine allows the employer and employees a certain limit of freedom and to work upon their will. On the other hand, there are certain essential aspects that are to be considered in the employment-at-will doctrine. If an employer enters into a union contract with a group of employees, or into a formal contract with an employee, the length of the employment and the circumstances in which each party can terminate the employment relationship will be specifically specified. If the employer or the employee tries to go against any of these mentioned aspects, a breach of contract can arise in this situation. Several forms of employment discrimination are considered illegal. With the doctrine allowing either party to break the employment relationship with no liability, discrimination of any form done by the employer is taken into consideration by the state. It could be regarding, color, race, sex, religion, age or national origin. Discrimination done on any of these bases is not be allowed by the Federal and state law. The employment at-will-doctrine has been considerably deteriorated by statutory and common law protections against wrongful discharge. The unjust terminations have led to exceptions to the employment-at-will doctrine. Public policy exception is the most widespread exceptions that prevent termination for reasons that violate a State's public policy. Another exception prohibits termination after an implied contract has ...