• One of the major justifications for the at-will presumption is its consistency with the parties' usual expectations. The idea here is that, since the parties have to express contractually their preference for something other than an at-will relationship, their failure to do so results in a default to the at-will presumption.
  • Does the at-will presumption make sense, why or why not?
  • Is the "silence indicates preference" justification appropriate?
  • Should a different presumption exist, and if so, what should it be? If not, why not?
• Do you agree with the general requirement of additional consideration for employment agreements that include indefinite terms of employment?
• What is the normal consideration exchanged in a typical at-will employment situation?
• What forms of additional consideration could be offered (provide specific examples)?