Tuesday, March 04, 2008

Employment at My Will



Business law students frequently bridle at the doctrine of employment at will. The very idea that an employer can fire an employee for a good reason, a bad reason, or no reason at all seems unjust on its face.

Even after you point out the implied contract, public policy, and good faith and fair dealing exceptions to the doctrine, they still feel that it's hugely unfair. Why should an employer, they groan, be able to end an employment relationship on a whim? Shouldn't a good reason be required before the employment relationship is severed?

But then ask these inquiring minds if Mary should be able to leave if a better job opportunity arises or if Rex should be permitted to go if he gets the hankering to follow his dream and sail around the world.

A strange silence ensues.

Well, of course they should be able to leave! And without penalty! That's different!

How so?

Employment at will is similar to no fault divorce. It permits employers and employees to acknowledge that the employment relationship should end without having to find or make up some reason for the termination/resignation. It gives employers an added protection if they take a chance on hiring an employee who might not work out.

It's odd but by recognizing there are times when relationships don't succeed for reasons that may even be obscure to the parties, the old doctrine of employment at will seems quite modern.

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