At-Will Employment

When an employee is acknowledged as being hired “at will,” courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century and was endorsed by the U.S. Supreme Court during the Lochner era, when members of the U.S. judiciary consciously sought to prevent government regulation of labor markets.

Over the 20th century, many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether. In workplaces with a trade union recognized for purposes of collective bargaining, and in many public sector jobs, the normal standard for dismissal is that the employer must have a “just cause.” Otherwise, subject to statutory rights (particularly the discrimination prohibitions under the Civil Rights Act), most states adhere to the general principle that employers and employees may contract for the dismissal protection they choose.

At-will employment remains controversial, and remains a central topic of debate in the study of law and economics, especially with regard to the macroeconomic efficiency of allowing employers to summarily and arbitrarily terminate employees.

The following textbooks are available online at Barnes and Noble and can be found, along with other publications, under my name, Shane Irvine:

The Executive Juris Doctor ISBN 979-8-891-45669-3

The Bootstrapped EntrepreneurISBN 979-8-892-17209-7

The Sales Management Team TextbookISBN 979-8-891-45086-8

The Perfect Business PlanISBN 979-8-892-17201-1

Business Law for the Nascent EntrepreneurISBN 979-8-892-17208-0

Rating Distribution

• 1 stars: 0 votes
• 2 stars: 0 votes
• 3 stars: 5 votes
• 4 stars: 8 votes
• 5 stars: 9 votes

Frequently Asked Questions

How long do I have access to the course materials?

You can view and review the lecture materials indefinitely, like an on-demand channel.

Can I take my courses with me wherever I go?

Definitely! If you have an internet connection, courses on Udemy are available on any device at any time. If you don’t have an internet connection, some instructors also let their students download course lectures. That’s up to the instructor though, so make sure you get on their good side!