Employment At-will.
Journal of Legal, Ethical and Regulatory Issues 2008, Jan, 11, 1
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Publisher Description
The doctrine of employment at-will emerged as the predominant rule in wrongful discharge cases in America during the latter part of the 19th century. This doctrine states that the business should have the freedom to discharge or retain employees at-will for good cause, for no cause, or even for bad cause, without thereby being guilty of an unlawful act. It is a right which an employee may exercise in the same way, to the same extent, for the same cause or want of cause as the employer. In essence, the doctrine recognizes that the wage owner's the full owner of his labor services, and the business the full owner of his capital. Each is free to exchange on whatever terms they see fit. Thus, the doctrine of employment at-will is well established in the American legal system. In recent years, however, this doctrine has been eroding. Many employers now find that the legal environment relative to the right to fire is confusing and ripe with potential liability.