Employment at Will or Employment at Whim?

Although it may seem so, employment at will does not necessarily mean "at whim" in most states, at least not for employers. According the Uniform Law Commissioners, a slew of lawsuits starting in the 1980s shot holes in the Employment At-Will Doctrine, spawning the Model Employment Termination Act. Although employment is still at will on both sides of the fence, states that have adopted the Act now require employers to at least show "good cause" for terminating you. But that's only if you're covered by the Act.

Even if a state hasn't adopted the Act, it might have related laws. An employment at-will agreement might define good cause for termination, as might a policy manual. Still, good cause or not is often a matter of interpretation by the courts or arbitrators.

For example, if you get fired for allegedly violating a company policy and you fight it, a court might consider one or more of the following, to determine whether or not your employer honestly had good cause.

• If your employer made you aware of the policy and warned you about the consequences of violating it beforehand
• Whether or not your employer gave you a chance to explain your side of the story
• Whether or not it's a frivolous policy and if you really did anything wrong to hurt the company or other employees
• Your employment record at the company
• How your employer disciplined other employees for similar violations
• Whether your employer enacted the policy before or after you violated it
• Whether or not violating company policy was described as good cause for termination in an agreement, employee handbook or similar document

But the Employment At-Will Doctrine is so strong in the U.S., that the courts have sometimes upheld it even though employers proved only weak cause for termination. As long as employers don't violate other laws, the courts tend to uphold the at-will common law.

That doesn't mean there's no hope for remedy, as employees have also sued and won. Consult with an attorney (or union representative) who specializes in this matter, if you think your employer terminated you without good cause. Even if you bypass the courts through voluntary or mandatory arbitration, it's still a good idea to have an attorney sitting on your side of the table. You can bet your ex-employer will.

Next Page > Federal Laws Limiting Employment at Will
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