This lesson introduces the at-will employment doctrine and explains how it became the default rule in most U.S. states. Understanding the rule is essential for recognizing both employer authority and the limits placed on that authority.
At-will employment generally means that an employer may end an employment relationship for any reason that is not prohibited by law, or for no stated reason, without having to establish just cause. An employee is likewise generally free to quit without giving a reason or advance warning.
All flashcards
What is at-will employment?
A default employment arrangement in which either employer or employee may generally end the relationship at any time, subject to contracts and legal protections.
What does “just cause” mean in this context?
A sufficient, legally or contractually acceptable reason required to justify a dismissal under a particular employment standard.
What default term did Blackstone describe for a general hiring?
Unless the parties agreed otherwise, Blackstone described the common law as construing a general hiring to last for one year.
Why is Horace Gray Wood associated with the at-will rule?
His 1877 treatise *Master and Servant* stated that an indefinite hiring could be ended at will, and courts later cited that position.
What is an important limit on the at-will rule?
At-will status does not override statutes, enforceable contract terms, or recognized exceptions that prohibit a particular dismissal.
Quiz questions
Which situation fits an example of conduct protected by a public-policy exception?Answer: An employee refuses to carry out an act that would violate the law.
Which employer statement could support an implied-contract claim?Answer: A handbook promises that employees will be dismissed only for good cause.
What workplace activity does the National Labor Relations Act protect for covered employees?Answer: Employees acting together to address workplace concerns.
What is a general feature of Montana’s Wrongful Discharge from Employment Act?Answer: It generally requires good cause for termination after the probationary period.
Based on the Wikipedia article At-will employment, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.