Employment at Will Essay

An “at will” employee is an employee who agreed to a contract in which they can be fired at any time, for almost any reason. The law generally presumes that employees are employed at will unless they can prove otherwise.

According to him, EAW is an American law that safeguards the employee and the employer – defining their relationships and protecting one against the other. He premised that either the employer or the employee are free to break their contract with any advance warning – stating that “Freedom of contract is an aspect of individual liberty every bit as freedom of speech or freedom in marriage selection of a life partner …” (pp.260). He argues that not only does contract at will encourage the freedom of association, fosters employee flexibility, ensures cost for hiring and firing are drastically reduced, it is also ensures there is a level – playing field for when employees/employers bargain. Since employee can do the same thing, then it follows that it is balanced, for according to Epstein, the employee is open and free to work with anyone they so

Depending on the status of the employee upon hiring or later, he or she may be granted at a will contract or a property interest contract in a continued employment (Varone, 2012). Because at a will employees cannot expect a continued employment, they can be terminated for any reason or without reason (Varone, 2012). For property interest employees, due process must be provided before job termination stated Varone (2012). Public employees such as municipal and district firefighters even under at a will contract cannot be terminated without just cause or in a violation of law affirmed Varone (2012). A fire chief who was fired due to an alleged incompetence filed a law suit against his employer. The facts, the issues, the ruling, the rationale, a perspective, and example in which the court’s decision might be cited are addressed in this paper.

An employment-at-will doctrine is a common law that states an employer can hire, fire, promote, or demote an employee at anytime for any reason as long as there is a law or doctrine that does not oppose it. As an employer can fire an employee for any reason at any time, likewise an employer can quit a job for any reason at any time. ‘The economic philosophy of laissez-faire provided theoretical support for employment-at-will.” (Ingulli, 2012).

The purpose of this qualitative research study is the identify disparities within the at will employment law. These disparities are increase job loss for employment recovery, unwarranted termination, and sudden dismissal. The literature provides as synthesis of relevant studies in the area of the at will employment law disparities. A review of literature make known potential at will employment law plans, however, the literature retrieve form ProQuest, EBSCO and GALILEO is limited in the five year scope of the at will employment law research.

In conclusion, Zachary explains that the employment at will law can be a shield against employer exploitations, discrimination, anti-union practices, and punishing whistleblowers. The author would like to see more employees challenged employer as it link to the employment at will law, especially, if the employee believes they have been treated

Have you ever wondered what the term "at-will employment" means? According to Cornell University Law School, the employment-at-will doctrine "refers to the presumption that employment is for an indefinite period of time and may be terminated either by employer or employee" (n.d., para. 1). This doctrine is said to level the playing field between employee and employer as each party can end their relationship at-will. At-will employment however is not equally applied between public and private business sectors, nor is it supported in every state within the United States. Employees who work for the public sector such as teachers or firefighters, or those working in California or Montana for example, can only be

Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will

At Will law was situated into place to safeguard both the employee and the employer. By creating the employment at will law; both the employer and employee are able to cancel the contract at any time without consequence. “Employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice”, Rogers, S. 2012.

In a society where there is diversity in terms of social functions, personal beliefs, professional skills, and socioeconomic backgrounds, etc., and where individuals act out their unique personalities with a high degree of autonomy, mutual relationship are largely regulated through contracts. Due to the prevailing differences, there hardly exists a set of concrete social norms grounded in identical values that regulates the details of social interactions and constrains individual actions. Rather, contracts set binding limits on the duties and obligations both at the present and in the future for individuals reaching mutual agreements. The binding nature of contracts specifies certain conditions that limit the autonomy of individual choices and hence establish order in social interactions.

Whether from an employee handbook or an employment contract, most people are often unaware that they are an at-will employee. What exactly does being an employee-at-will mean? It simply implies that your employer could decide to terminate your employment with or without your notice and for any cause whatsoever. In this case, many times, the employers will have an upper hand over the employee and there is absolutely nothing they can do to absolve themselves from the impending situation. If any, there are very few remedies that could win you back your employment. That, of course, is unless the employer broke labor laws or did something to violate your employee rights.

When it comes down to at-will employment, it benefits employers and employees. With at-will employment, an employer has the right to terminate an employee at any time and for any reason. There are no predefined legal requirements in terms of notice being served periods. This means the termination can be done with no prior notice. If an employer or an employee who is in an at-will employment position decides to terminate the employment relationship, the other party has no other

At will employment provide the right to both employee and employer to terminate the employment any time for any reason. It means employer cannot force to work and employee don’t have to give any time for leaving the job. These are some situation where employer cannot terminate the job base on any discrimination. Title VII of the Civil Right Act protect all the employee from any kind of discrimination based on the color, sex, nationality origin, and also American Disabilities Acts make it illegal to discriminate employee because of disability (Miller,2014).

2. Freedom to quit: Employees / employers are not bound by any contract wherein they cannot quit. Either parties have freedom to quit the contract.

Employment laws have been established not only to protect the employees but the companies in the same manner. Employment laws can be traced back as early as the 1800’s beginning with the abolishment of slavery. Since, there have been many laws that have been enacted by the government to ensure that people are treated fairly and have safe working conditions. In the U. S. the majority of employees and employers operate under what is considered to be a master servant relationship. With this concept the employee is the servant and is supposed to complete duties under the guidance and the benefit of the employer. Employment laws are important in order to keep a balance and limit unethical practices.