Question
Business Law:Explain what employment at will means and whatexceptions apply. The term employment at will means that an employee can beterminated at anytime without any
Business Law:Explain what "employment at will" means and whatexceptions apply.
The term “employment at will” means that an employee can beterminated at anytime without any notice or reason except anillegal one. This also means that the employee can leave at anytimefor any reason. This type of agreement gives the employer the rightto change terms of an employee's’ contract at anytime. Employment“at will” relationships are in all states except Montana where theyhave a “Good Cause Rule” protecting employees.
When an employee is terminated under an “at will” contract,their are exceptions and employee rights such as public policy,implied contracts and good faith & fair dealings.
Public Policy - This exception states that an employer cannotfire an employee if the action violates the state's public policyexception. The public policy exception is an action that is in thebest interest of the public. For example, if an employee missedworked for jury duty, the employer would not be allowed to firethat employee.
Implied Contracts - This exception to the “ at-will” employmentprohibits an employer from firing an employee after anImplied contract relationship has been established between bothparties. The implied contract can be established through oralassurance or expectations created from a written assurance from theemployer. The obligation of an Implied contract does not have to bedocumented legally.
Good Faith & Good Dealing - This exception has prohibitedemployers from firing an employee in bad faith or to avoidtheir duties. For example, the firing of an older employee to avoidpaying for healthcare, the firing of an employee to avoid payingcommission -based work
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