Employment at Will Doctrine

The Employment at Will Doctrine was established under common law and it states that either an employer or an employee can terminate employment without advance notice or cause. Since its formation, several exceptions have been established to protect employees from being terminated for false causes. These exceptions include;

• Violations of public policy

• Breech of contract by the employer

• Breech of covenant of Good Faith and fair dealings

In addition to the common law exceptions to “at-will employment”, several statutory exceptions have been established to the doctrine for which employment also cannot be terminated. These exceptions fall under the label of illegal discrimination and retaliation. In the case of illegal discrimination, federal and state discrimination statutes prohibit employers from basing employment decisions on an employee’s race, color, religion, sex, national origin, age, disability, or veteran status. Specific state statutes may also protect employees from discrimination based on other factors, such as sexual orientation. Under this exception, employees are also protected from being terminated based on his or her off duty legal activities.

Employees are also protected from being terminated based on employer retaliation. Federal and/or state laws prohibit employers from firing employees in retaliation for engaging in legally proper, necessary, or desirable activities. Examples of this include engaging in union activities, filing for workers compensation and “whistleblowing”. Whistleblowing refers to an employee reporting an employer’s wrongdoing, in which under the employment-at-will doctrine, he or she cannot be terminated. The Employment-At-Will Doctrine and a clear understanding of the employment rights that it protects in place, gives all employee a fair chance for employment so as not to be discharged without good cause.

Now that we have an understanding of employment at will and the exception to the rule, let’s take a look at a few examples regarding an employee at an accounting department. We will discuss the following issues based on the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attentions.

1. Describe what steps you would take to address the following scenario involving skills, competence and abilities:

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