Employment at Will

The Employment-at-will has always been affecting the hiring and firing process at any organization. Hiring and firing cost is very costly for any organization. When the Employment-at-will doctrine first implemented in the United States in 1895; without the exception for the doctrine, organization can fire employees without any reason. The Employment-at-will has eroded for past three plus decades.

In 1895, the Employment-at-will doctrine indicate that if the hiring is for indefinite period of time, the employment relationship can be terminated at any time by either party for good cause, for bad cause or for no cause at all. By the end of 19th century, organizations can clearly see the raising of hiring and firing cost. Due to the high cost of hiring and firing, organizations are now more careful on the selection process. They want to select the right people for the firms or companies.

The Employment-at-will doctrine has eroded for the past 3 plus decades. There are few exceptions apply to the doctrine. They are Public-Policy exception, implied contract exceptions, covenant of good faith and fair dealing exceptions and Statutory exception.

Public policy exceptions is an employer may not fire an employee if it would violate the state’s public policy doctrine. There are only seven states that do not have the exception: Alabama, Georgia, Louisiana, Maine, Nebraska, New York and Rhode Island. Implied contract exceptions is an employer may not fire an employee “when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. Covenant of good faith and fair dealing exceptions, this doctrine is broadest compare to public policy and implied contract exceptions.

The implementation of statutory exceptions has been given protection to employees. Employers cannot fire employees due to their race, color, religion, sex, national origin,