Employment-At-Will Doctrine - Assignment Example

The at-will employment doctrine is applied in all states in the US apart from Montana (National Conference of States and Legislatures, 2014). In its unmodified form, the doctrine of employment-at-will allows the employer to fire employees as he deems fit without suffering legal consequences. It is, therefore, possible to legally fire an employee. However, the doctrine is a default rule that can be altered by contract. For instance, a contract can provide for a fixed employment term or allow dismissal only for a cause.

In the United States, companies usually negotiate employment agreements only with high-rank employees. Collective bargaining agreements usually protect represented workers against termination without cause. Causes include employee’s misconduct, poor performance or economic necessity. An employment contract may specify instances or employee actions that would result into termination for cause (National Conference of States and Legislatures, 2014). Thus, to mitigate the harsh consequences of employment-at-will, courts and statutes carved out exceptions to the doctrine of employment-at-will.

Exceptions to the doctrine fall under Common Law and Statutes. Public policy exception to the employment-at-will doctrine protects employees against employment actions that contravene public interest. For instance in most states, an employer cannot fire an employee for declining to violate the law at employer’s request or for filing a workers compensation claim after sustaining an injury while on the job. Public policy is the most widely recognized exception in most states (Muhi, 2001). This is the second major exception to the employment-at-will doctrine.

It is applied when an implied contract is created between the employer and the employee, irrespective of express or written instrument regarding the kind of the employment relationship existing. Although employment is usually not governed by contracts,