All About At-Will Employment

In the United States, at-will employment defines areasons, wrongful termination lawsuits may result for
working relationship in which either party can break thethe employer. Other reasons a company may not fire
employment agreement without liability. This doctrinean at-will employee include refusing to commit illegal
assumes there was no explicit contract between theactions, family or medical leave, and not following the
employer and employee and that the employer doesstated termination procedures. Most employers have
not belong to a union. The document officially statesan explicit method of firing workers, outlined in a
"the employer is free to discharge individuals "for goodcompany handbook or manual. If these steps are not
cause, or bad cause, or no cause at all," and thefollowed, a wrongful termination case may be in store.
employee is equally free to quit, strike, or otherwiseThe idea of at-will employment originated in Horace
cease work."Gray Wood's 1877 discourse on master-servant
This policy theoretically reduces job security, asrelations. His idea proposed it was slaves' responsibility
employers can terminate a position for any reason, orto prove an express contact existed between master
even no reason at all. A company is free to fireand slave. From this point, the concept of employee
workers en masse if diminishing profits began to eatdischarge without a reason and at-will employment
away at the employer's sustainability. Other negativewas born. This rule was initially adopted by all U.S.
behaviors, such as workplace bullying, can occurstates. It was not until 1959 that the first legal exception
because of the influence of an environment of fearto the idea of at-will employment was created. Since
and job insecurity created by at-will employment.that point in history, more exceptions and technicalities
However, several exceptions to the at-will doctrine dohave added to the law, although the burden of proving
exist. Blatant, unlawful discrimination against employeeswrongful termination still rests with the employee.
because of factors such as age, race, religion, nationalProtective laws for employees include the Equal Pay
origin, pregnancy, or disability status resulting inAct of 1963, the Age Discrimination in Employment Act
termination is prohibited under the doctrine. If anof 1967, and the Americans with Disabilities Act of
employee was let go because of one of these1990.