Employment at Will

Employment-At-Will Doctrine

Gian A. Chaves

Gary Null

LEG500 – Law, Ethics, and Corporate Governance

January 23, 2012

Introduction

The employment-at-will doctrine is a rule that was developed in the nineteenth century which allows employers the power to terminate employment at any time for good or bad cause or no cause at all. According to the book, 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 any time, for good or bad, in good faith or with malice” (Halbert, 2012). There are few exceptions to the doctrine and employees are limited in the legal rights to fight termination but these exceptions differ from state to state. For most states employment-at-will is assumed and unless an employer clearly indicates that they will fire employees for good causes only, the law presumes that you are employed at will (Charles, 2001). This paper will address liability and actions taken by employers and is directly related to the employment-at-will doctrine.

The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”.  Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.

Based on the scenario presented, Jennifer is not fulfilling her job responsibilities at the firm. According to the employment-at-will doctrine the firm has the right to terminate her employment for any reason whether right or wrong. It is important for the firm to hire the right people for the right job. By carefully screening and interviewing potential employees’, the firm can determine if a candidate can fulfill the requirements of the job. Once a company has hired a trained...