Employment at Will Doctrine

Assignment 2: Employment-At-Will Doctrine

Jaikenna Frails

Dr. Boneita Campbell

LEG 500

August 6, 2014

Summarize the employment-at-will doctrine discussed in the text and then evaluate three (3) of the six (6) scenarios described by determining: (A) Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. (B) The primary action(s) that you should take to limit liability and impact on operations; specify the ethical theory that best supports your decision.

By definition, the employment-at-will doctrine is “the common law rule that holds that whenever an employment relationship is of an indefinite duration, either party, the employer or the employee, may terminate the relationship at any time, for good cause or bad, in good faith or with malice”. There are three major exceptions to this doctrine which are covenant of good faith, implied contract, and public policy. All states do not recognize all or any of these exceptions. Covenant of good faith is only recognized by 11 states. This exception reads “a covenant of good faith and fair dealing into every employment relationship. It has been interpreted to mean either that employer personnel decisions are subject to a “just cause” standard or that terminations made in bad faith or motivated by malice are prohibited”. The Implied Contract exception is recognized in 38 states. “Although employment is typically not governed by a contract, an employer may make oral or written representations to employees regarding job security or procedures that will be followed when adverse employment actions are taken.” This is where the implied contract law takes effect. Lastly, public policy is recognized in 43 states making it the most popular exception to the employment-at-will doctrine. This exception simply states that “an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State”....