Employment-at-Will Concepts

Jody BlankeDistinguished Professor of Computer Information Systems and LawMercer University

Employment Law

Primarily state law varies from state to state

A good bit of federal law, too mostly discrimination law

At-Will Employment

Generally, an employee - can be fired for good reason

“You’ve been stealing from us. You’re fired!”

- can be fired for “no” reason “I don’t like the color of your shoes.

You’re fired!”

- cannot be fired for bad reason “You’re black. You’re fired!”

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Wrongful Discharge Exceptions

Vary greatly by state

1. Public policy exceptions

e.g., whistleblower statutes

recognized by 43 states

Wrongful Discharge Exceptions

2. Implied contract exceptions e.g., employee handbooks recognized by 44 states

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Wrongful Discharge Exceptions

3. Implied covenant of good faith and fair dealing exception recognized by 13 states

Twelve states recognize all three exceptions

Four states recognize none of the exceptions Florida, Georgia, Louisiana, Rhode Island

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