Employment-At-Will Doctrine

Student Name: Muhamed F Aref
Professor Name: Agustine Weekley
Course Name: Law and Ethics in the Business Environment
Date: 11/09/2014

The doctrine of employment at will emerged as the predominant rule in wrongful discharge cases in America during the latter part of the 19th century. This doctrine states that the business should have the freedom to discharge or retain employees at will for good cause, for no cause, or even for bad cause, without thereby being guilty of an unlawful act. It is a right which an employee may exercise in the same way, to the same extent, for the same cause or want of cause as the employer. In essence, the doctrine recognizes that the wage owner of his labor services, and the business the full owner of his capital. Each is free to exchange on whatever terms they see fit.
Thus, the doctrine of employment at-Will is well established in the American legal system. I recent years, however, this doctrine has been eroding. Many employers now find that the legal environment relative to the right to fire is confusing and ripe with potential liability. In essence, employment at will a term that is music in the ears of most employers is under attack.
During the early 19th century, the United States adopted the English rule as part of their common law. By the late 1800’s, however, most jurisdictions had abandoned this principle. Reasoning was that restrictions on terminating employment were inconsistent with the laissez-faire philosophy dominant in the United States. Thus, the “American Rule” became that an employment contract of indefinite duration was terminable at the will of either party, for cause, for no cause, or even for bad cause. Subject to specific statutory restrictions, an employer has the right to discharge an employee at any time without notice and for any reason or no reason at all. The 1960’s