Employment at Will: A Deeper Look into the Copious Benefits Essay

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It is human nature to look out for one’s individual self-interests. This vested interest is what minimizes unjust treatment by other parties and ensures success. Leverage is priceless when presented with an unfair employment scenario. In the case of an employer and employee relationship, too much power on either side can quickly become detrimental. Balancing this power is no easy task and holds no single solution. In this essay, I will propose that the contract at will, or employment at will, is one viable solution that can legitimately benefit both the employer and the employee. My view on this issue is one that is often the minority, as there has been a significant amount of criticism over the contract at will. In a society that…show more content…
from 1937 provided the first recognized exception to at will contracts. In this case, the court ruled that employers can hire and fire their employees at will, whether that be for good cause or for no cause, but not for an illegal cause. Essentially, employers could use at will contracts so long as it did not infringe upon employees’ protected rights (National Labor). Laws and doctrines such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act are all still applicable under at will contracts (Estlund). Just because an employee is employed at will does not mean they cannot bring a claim of unlawful termination or punishment under any of these statutes. For this reason, I see no substance to the argument that at will contracts provide no protection for the employee. There are even more employee protections outside of the employment laws I just mentioned. Several judicial and statutory exceptions to employment at will have been created to protect against wrongful punishment or discharge. The three main exceptions include the public policy exception, the implied contract exception, and the covenant of good faith exception. The public policy exception essentially says that an employee will have a wrong discharge claim if that discharge clearly violates public policy or mandates. For example, an employer could not terminate an employee for serving jury duty or for filing a workers

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