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The Employment-at-Will Doctrine

The Employment-at-Will Doctrine. Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta. Employment Law. Primarily state law varies from state to state A good bit of federal law, too mostly discrimination law. At-Will Employment. Generally, an employee

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The Employment-at-Will Doctrine

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  1. The Employment-at-Will Doctrine Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta

  2. Employment Law • Primarily state law • varies from state to state • A good bit of federal law, too • mostly discrimination law

  3. At-Will Employment • Generally, an employee • - can be fired for good reason • “You’ve been stealing from us. You’re fired!” • - can be fired for “no” reason • “I don’t like the color of your shoes. You’re fired!” • - cannot be fired for bad reason • “You’re black. You’re fired!”

  4. Wrongful Discharge Exceptions • Vary greatly by state • 1. Public policy exceptions • e.g., whistleblower statutes • recognized by 43 states

  5. Wrongful Discharge Exceptions • 2. Implied contract exceptions • e.g., employee handbooks • recognized by 37 states

  6. Wrongful Discharge Exceptions • 3. Implied covenant of good faith and fair dealing exception • recognized by 11 states • Six states recognize all three exceptions • Alaska, California, Idaho, Nevada, Utah, Wyoming • Four states recognize none of the exceptions • Florida, Georgia, Louisiana, Rhode Island

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