Can I Be Fired? Can I Quit? Understanding the Employment at Will Doctrine
What is Employment At Will?
Unless there is a contract or a collective bargaining agreement that expressly states the employment terms, an employee is an employee at will. That means that an employer may terminate the employee’s job with or without good cause and that the employee may quit his job for any reason.
Supporters of the employment at will doctrine argue that it promotes efficiency in the workplace. In order for a business to achieve its greatest potential, the employer and the employee must be productive and successful. It is important that the employer and the employee work well together. The doctrine recognizes that sometimes an employee and an employer do not work well together even though there is no tangible reason for the unproductive working relationship. Therefore, the doctrine allows either party to leave the relationship for any reason rather than be locked into an arrangement that is not working.
Exceptions to the Employment at Will Doctrine
Each state creates its own exceptions to the employment at will doctrine. There are some exceptions that have widespread agreement among the states and other exceptions where there is less agreement.
Get Help from an Experienced Employment Law Attorney
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment for employees attorney sooner rather than later to protect your rights.
Additional Employment Law for Employees Articles
- Employment Law
Making the Hot Seat even HOTTER:
The Top Ten Illegal Job Interview Questions
- Legal Requirements for Lunch and Break Times
- A Balancing Act: Family and Medical Leave Act Benefits
- In this economy, I'm afraid of being laid off from my job. What will I do?
- Employee Rights When a Job Ends
- Who is Protected from Employment Discrimination?
- Am I Eligible for Unemployment Benefits?
- Employee Benefits Required by Law
- Blowing the Whistle
- Unemployment Benefits
- How to Negotiate a Successful Severance Package
- Laid Off? Things to Take Care of Immediately
- How to Deal with Employee Complaints
- Hiring Foreign Workers
- Confidentiality and Nondisclosure Agreements
- How Much Privacy Must My Employer Give Me at Work?
- Using Your Computer at Work: Employee Rights
- Your Privacy Rights - What Do I Have To Tell My Employer?
- Your Legal Rights to Collect Unpaid Sales Commissions
- Role of Electronic Data in Employment Lawsuits
- Severance Packages
- Watch your Language at Work
- Should You Sign a Severance Agreement?
- Wrongful Termination of Employment
- Using Incentive Stock Option Agreements to Attract and Retain Key Employees
- How Can A Criminal Record Affect Your Job Application?
- What Administrative Body May Impose Remedies For A Violation Of The Federal Family And Medical Leave Act (FMLA)?
- Does The Law Guarantee Paid Time Off?
- Can I Be Fired For No Reason?
- Do missed work periods due to my National Guard duty count against my eligibility under the revised Family and Medical Leave Act (“FMLA”)?
- How often can my employer ask for medical certification for my leave under the revised Family and Medical Leave Act (“FMLA”)?
- Who should I contact if I think my employer has violated the National Defense Authorization Act (“NDAA”) and/or the Family and Medical Leave Act (“FMLA”)?
- Can I sue my employer for invading my privacy?
State Employment Law for Employees Articles
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina