Employee at Will Doctrine

Assignment Title Student Name Course Name Instructor Name Date Employee at Will Doctrine According to the employee-at-will doctrine, it has a presumption that the employment relationship will continue for an indefinite period, and it might be terminated either by the employee or employer. There exist an unequal bargaining power between the employer and employee. There are various exceptions that are related to the employee at will doctrine as they are challenged many times. These exceptions are made to protect the interest of the employee. Only three major exceptions to the employee at will doctrine are discussed below. • Public Policy Exception: According to this an employer cannot terminate an employee on the grounds of refusing to perform certain violation in the rules, regulations and laws. It protects the employees against any adverse employment action that are violating the public interest (Muhl, 2001, p. 4). Employees will be protected if they refuse to violate a law or public interest, acting to protect the public interest, for rightfully exercising statutory rights and for filing report of any violation. • Implied Contract: It is being recognized in about 41 states. They are created using several ways. Implied contract serves as an employment contract (NCSL, n.d.). Irrespective of not having a written agreement between the employer and employee these exceptions are raised. There are more difficulties in proving the existence of these contracts. • The Implied Covenant of Good Faith and Fair Dealing: It is being widely used only by few states, and they provide a broader coverage unlike public policy exception (Muhl, 2001, p. 10). It provides protection to the employee being terminated from the job without any reasons. There are more exceptions being added for providing more protection to the employees. They are additional tort-based claims that are limiting the at-will employment, a promissory estoppel, and illegal discrimination, providing protections for the employee’s off-duty activities, whistleblower, and retaliation, legislative and statutory provision (NCSL, n.d.). There must be a valid reason for the employer to process the dismissal of an employee (Cavico, Mujtaba, Muffler & Samuel, 2013). There are many cases in the past where an employee being terminat...

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