The Employment-at-will Doctrine

The Employment-at-will Doctrine

The employment-at-will doctrine indicates that employers are allowed to fire an employee for any legal reason without a warning or explanation of why they are doing so. The doctrine also allows employees to quit their jobs without an explanation or notice (Cabrelli, 2020). Although the doctrine has been embraced in various work settings for over a decade, there is a recent trend toward restricting its application. The restrictions limit the employer’s right to discharge the doctrine without cause by considering public policy or an implied agreement of fair dealing and good faith (Pozgar, 2019). I believe the doctrine is archaic and should be abolished because it does not align with modern workplace trends. For example, the doctrine is no longer applicable in most work settings because employees are joining unions to increase their bargaining power. Therefore, employers must explain to the union why they are firing a unionized employee and follow the right firing procedure, including issuing a warning. Employees in modern workplaces also emphasize getting a written contract with their employer before they begin working to avoid issues arising from miscommunication of work requirements and expectations.

References

Cabrelli, D. (2020). 3. The employment relationship and the contract of employment. Employment Law in Context, 62-99. https://doi.org/10.1093/he/9780198840312.003.0003

Pozgar, G. D. (2019). Legal and ethical issues for health professionals. Jones & Bartlett Learning.

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Edgar, G. D. (2020.) states that “The common-law “employment-at-will” doctrine provides that employment is at the will of either the employer or the employee.

The Employment-at-will Doctrine

The employer or employee may terminate employment for any or no reason, unless there is a contractual agreement in place that specifies the terms and duration of employment. Historically, termination of employees for any reason was widely accepted; however, contemporary thinking does not support this concept.”

In your opinion, is the “employment-at-will” doctrine archaic? Should it be abolished? Explain your response.