Employment at Will

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Employment at Will

A form of employment in which either the employee or the employer may terminate employment with or without cause and with or without notice. For example, an employee may quit as soon as he/she finds a better job. Likewise, the employer may fire an employee even if he/she comes to work on time and performs diligently. Employment at will is not allowed in all jurisdictions and it is restricted even where it exists. For example, an employer ordinarily may not fire a worker on racial or religious grounds.
References in periodicals archive ?
25) American courts and legislatures have chosen to retain the at-will presumption for a variety of reasons, including the preservation of freedom of contract, deference to employer judgment, and the belief that both employers and employees prefer at-will employment to job security.
It undermines somewhat the notion that at-will employment allows an employer to terminate for any reason or no reason at all, and Ryman cautions employers against hasty terminations without first considering the duty to act in good faith.
1973) (holding that "when an employee is discharged solely for exercising a statutorily conferred right an exception" to the at-will employment rule operates); see also Richard J.
An employer can protect itself against an implied contract claim by requiring employees to sign a statement acknowledging at-will employment.
When an employee manual serves an informational rather than a contractual purpose, the manual does not change the at-will employment status.
In the state court suit, governed by an at-will employment law, "he wished to be compensated or made whole following what he saw as a wrongful discharge that was personal," she wrote.
A doctor employed by the New York Times who refused to divulge employees' medical records without their consent does not meet a 1992 exception to the state's at-will employment doctrine and cannot sue for breach of contract after being fired, New York's highest court has ruled.
For example, this Article demonstrates how the implied obligation of good faith in contract law, applied in the at-will employment context, can employ expansive equality principles to provide alternate remedies to at-will employees who may not be able to obtain civil rights remedies because of the onerous burdens they must satisfy in order to prevail on their civil rights claims.
Unlike seniority rights awarded for past service, granting tenure created rights protected by law that extended beyond those of at-will employment.
Some of the most important clauses include the at-will employment clause, non-compete clause, confidentiality clause, no-solicitation clause, and arbitration clause.
The second section describes in detail the broadening of the public policy exception to the extent that at-will employment might altogether disappear as the central pillar of the employment relationship.