Overview: The employment at-will doctrine provides employers with critical flexibility when it comes to terminating employees for disciplinary issues, poor performance, or in connection with layoffs or restructuring. However, the doctrine is interpreted and applied differently in the 50 states and the District of Columbia.
Common exceptions are made for employees retained by an employment contract, employees protected by implied contracts, terminations that would violate public policy, terminations made in bad faith and other employment-related claims like intentional infliction of emotional distress, defamation and fraud.
Given the myriad exceptions, it is imperative that employers take steps to preserve the at-will relationship. HR professionals should ensure employees sign and acknowledge at-will disclaimers, craft and distribute policy manual or employee handbook provisions detailing the employment at-will doctrine, and educate supervisors regarding the risks of promising employment tenure or certain grounds for termination. In that regard, the employment at-will doctrine is only as powerful as the employer's program to implement it.
Trends: The landscape of wrongful termination law, including the exceptions to the employment at-will doctrine recognized in each state, is constantly evolving with notable recent cases in North Carolina and Texas. Given these developments, it is crucial that employers monitor the evolution of the employment at-will doctrine in their state(s) so that when it comes time to make the difficult decision of terminating an employee, they are fully informed as to the possible implications.
Author: Michael Jacobson, JD, Legal Editor
In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to employment at-will doctrine.
In-depth review of the spectrum of Mississippi employment law requirements HR must follow with respect to employment at-will.
In-depth review of the spectrum of Kansas employment law requirements HR must follow with respect to the employment at-will doctrine.
In-depth review of the spectrum of Arizona employment law requirements HR must follow with respect to terms of employment.
In-depth review of the spectrum of Connecticut employment law HR must follow in respect to employment at-will doctrines.
In-depth review of the spectrum of Tennessee employment law requirements HR must follow with respect to employment at-will.
Multistate employers face the challenge of complying with not only federal laws, but also differing state and local laws. This section highlights some of the states' differences in terms of preemployment testing and background checks, noncompetition and nonsolicitation agreements, and discrimination, pay and leave rules.
There are a host of new challenges for HR and businesses in Illinois. Stacey Smiricky is a partner in Faegre Baker Daniels' labor and employment group in its Chicago office. Smiricky shared her insights with XpertHR about the most notable recent changes in the state affecting employers.
In-depth review of the spectrum of Vermont employment law requirements HR must follow with respect to terms of employment.
Guidance for HR on the importance of the employment at-will doctrine.