Understanding the Employment at Will Doctrine
What is the Employment at Will Doctrine?
The employment at will doctrine is a common law doctrine that states that employers have the right to terminate an employee at any time and for any reason, without any advance warning or cause. This doctrine has been in place in the United States since the late 19th century and is still used in most of the states.
What are the Exceptions to the Employment at Will Doctrine?
Although the employment at will doctrine is a widely accepted principle, there are certain exceptions that may apply in some states. These exceptions include public policy, implied contract, and covenant of good faith and fair dealing.
Public policy exceptions may apply if the termination of the employee was in violation of a public policy. This includes termination based on an employee's race, gender, religion, or national origin.
Implied contract exceptions may apply if there is an implied contract between the employer and employee. This may include an implied promise of job security or a written or verbal agreement regarding the length of employment.
The covenant of good faith and fair dealing may apply if the employer acted in bad faith or with malicious intent when terminating the employee.
Which States Adopt the Employment at Will Doctrine?
Most states in the US have adopted the employment at will doctrine. These states include Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
Are There Any State Laws That Restrict the Employment at Will Doctrine?
Several states have enacted laws that restrict the employment at will doctrine. These states include California, Colorado, District of Columbia, Illinois, Maine, Massachusetts, Montana, New Jersey, New York, North Dakota, Rhode Island, and Utah.
In California, employers are prohibited from terminating an employee for engaging in lawful activities outside of work. In Colorado, employers are prohibited from terminating an employee for taking an unpaid leave of absence. In District of Columbia, employers are prohibited from firing employees for testifying in court as a witness.
In Illinois, employers are prohibited from firing employees for filing a workers' compensation claim. In Maine, employers are prohibited from firing employees for refusing to participate in a criminal act. In Massachusetts, employers are prohibited from firing employees for filing a discrimination complaint.
In Montana, employers are prohibited from firing employees for serving jury duty. In New Jersey, employers are prohibited from firing employees for taking time off to vote. In New York, employers are prohibited from firing employees for taking time off to serve in the military.
In North Dakota, employers are prohibited from firing employees for taking time off to attend their child's school activities. In Rhode Island, employers are prohibited from firing employees for taking time off to serve on a jury. In Utah, employers are prohibited from firing employees for taking time off to serve on a jury or to vote.
Conclusion
The employment at will doctrine is a widely accepted principle in most states. However, there are certain exceptions that may apply in some states. Additionally, some states have enacted laws that restrict the employment at will doctrine. It is important to be aware of these laws and exceptions when considering termination of an employee.