Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
10
Issue
2
Date
4/1/2001

Article Facts

Title
At-Will Employment: Just Let It Go
DOI
10.2190/FCTV-NTPC-NYK9-Q6PW
Authors
  • DEBRA BURKE
  • BEVERLY LITTLE
Pages
119-131
Online Date
10/21/2003

Article Links

At-Will Employment: Just Let It Go

DEBRA BURKE
BEVERLY LITTLE

DOI: 10.2190/FCTV-NTPC-NYK9-Q6PW

Abstract

In the United States, at-will employment is the bulwark of employment relationship. One estimate is that 60 percent of American workers are employed on an at-will basis [1], which according to common law, means that either the employer or the employee may terminate the employment relationship at any time, with or without cause. While this employment relationship has been recognized for over a century, it has deteriorated markedly in the past decades. The argument of this article is that, in actuality, employers have far less leeway in at-will situations than they believe. In addition, explicit at-will statements, which are meant to strengthen the employers' situation, actually increase the likelihood that employees will feel unfairly treated. Based on these two arguments, this article suggests that employers should abandon the at-will doctrine and substitute a good faith dealing with employees.

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