The Concept of Employment at Will

The Concept of Employment at Will

The concept of “employment at will” is a type of employment agreement applied between employers and employees in the United States. With an employment-at-will type of agreement, the employer has the freedom to terminate the services of an employee at any moment they wish. On the other hand, the concept of employment at will also gives the employee the right to quit their current work position as they wish. This means the employer and the employee can terminate their work agreement without the need for an explanation, notice, or a reason to end the agreement (Bhargava & Young, 2022). However, the employer is expected to observe the provisions of the existing anti-discrimination laws and regulations within their state.

There are various exceptions in the employment-at-will agreement provided for in public policy. The public policy exception requires employers to observe all federal laws and regulations on employment before terminating an employee’s work agreement. It also gives employees cover for injuries at work. Other exceptions within the concept of employment at will include implied contracts, employment contracts, and good faith and fair dealing. Implied contracts are based on verbal agreements and lack an objective employment contract; however, the employee can sue the employer for termination. Employment contracts include signed contracts with specified duties and benefits; however, employers can terminate the contract without cause. At-will employment exceptions on good faith and fair dealing provide for fair treatment of employees with or without a contract. Under this exception, termination of employment is based on a good cause. At-will employment fits in with the issue of wrongful discharge for a number of reasons, including the ability of the employer to provide a reason or explanation leading to the termination of their work relationship with the employee and lack of discharge claims and compensation (Corbett, 2020).

References

Bhargava, V. R., & Young, C. (2022). The Ethics of Employment-at-Will: An Institutional Complementarities Approach. Business Ethics Quarterly, 32(4), 519–545. https://doi.org/10.1017/BEQ.2021.40

Corbett, W. R. (2020). Firing Employment at Will and Discharging Termination Claims from Employment Discrimination: A Cooperative-Federalism Approach to Improve Employment Law. Cardozo Law Review, 42. https://heinonline.org/HOL/Page?handle=hein.journals/cdozo42&id=2337&div=&collection=

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Examine the concept of “employment at will” and the public policy exceptions to it.

The Concept of Employment at Will

How does it fit with the issue of “wrongful discharge”? Support your claim with one or two scholarly sources.