At Will Employment
At Will Employment Law - Employment at Will Doctrine
At will employment law is more often referred to as the Doctrine
of Employment at Will or the Employment at Will Doctrine.
The Doctrine was
established under common
law in the states. As previously indicated, all
states enforce the Employment at Will Doctrine to some degree, under
common law.
Payne v. Western Atlantic RR in 1884 is often cited as the court
case that set the precedent for
at will employment law at the state level, while the 1908 case of Adair
v. United States is often cited as setting the precedent at the Federal
level.
Under the Employment at Will Doctrine and in the absence of contracts
or agreements that state otherwise, either employees or employers
may terminate employment without advanced notice or cause.
But, generally, employees and employers aren't allowed to breach employment
contracts or agreements, or violate laws, regulations,
constitutional provisions or public
policy when terminating employment.
Although the Employment at Will Doctrine doesn't require
employees to give advanced notice of resignation, there's more to it.
Read Resignation Notice for more
information.
On the flip side, employers might be required to give
advanced notice of plant closings and layoffs under
the Federal Worker Adjustment and Retraining
Notification Act or equivalent state
laws, that override the "no-notice" provision of the Employment
at Will Doctrine.
In other words, if an employment termination is in breach of a contract
or otherwise illegal, then it's an exception that
renders the Employment at Will Doctrine inapplicable.
For example, if a court determines that an employer was guilty of discharging an
employee for a discriminatory reason that
was in violation of the Civil Rights
Act of 1964, then it was an illegal discharge and thus, an exception
to the Employment at Will Doctrine. Other potential exceptions are listed
below. (See also Wrongful Termination.)
See Employment at Will States for the
number of states that recognize three of the exceptions mentioned above.
Some states require employers to at least show good
cause for discharging employees under the Employment At Will Doctrine. Collective
bargaining agreements and other employment contracts might also require
employers to show good cause.
To inquire about your state's general stand on the Employment at Will
Doctrine, start by contacting your state's
labor office. Alternately or additionally, research state
labor laws or consult a lawyer.
Many lawsuits have reinforced the Employment at Will Doctrine, which is
how it got established under common law. But many lawsuits have also challenged
its validity. Even employees who were allegedly discharged
for good cause have won lawsuits against their employers, after the courts
considered all factors involved.
Consult a lawyer for more information.
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