Supervised By:

Mr. GUELIDA BADR

AT WILL
EMPLOYMENT IN USA Realized By:
Abdessamad Ouazente
Ayoub Dou-tayeb
THE PLAN
 INTRODUCTION

At-will employment is a term used in U.S. labor law for contractual relationships.
First, let’s start with the definition of “at-will employment.” It means an employee can
be terminated at any time without any reason, explanation, or warning. In other words,
an employee can leave a job whenever they want for any reason and employers can
terminate an employee for any reason without notice or cause.
According to Law.com online dictionary, at will employment is a provision found in
many employment contracts where the employee works at the will of the employer.
Frequently employers insert At-Will Clauses in an employment agreement in order to
avoid claims of termination in breach of contract, breach of the covenant of good faith
and fair dealing, or discrimination.
At-will employment has grown increasingly more popular over time. This
type of employment involves a great deal of flexibility for both the
employer and the employee. Employers, for example, can change the terms
of employment – such as wages, benefit plans, or paid time off – without
notice or consequence.
The United States is the only major industrial power that maintains a general
employment-at-will rule. The U.S. is one of a handful of countries where employment is
predominantly at-will. Most countries throughout the world allow employers to dismiss
employees only for cause. The whole world is divided into two parts — at-will only in the
USA vs. for-cause in the rest of the world. This is mainly because many countries
worldwide require a written employment contract by law — and the written contract
cannot be changed without agreement between the two parties (employer and employee).
The employment-at-will doctrine reflected the belief that people should be free to enter
into employment contracts of a specified duration, but that no obligations attached to
either employer or employee if a person was hired without such a contract. Because
employees were able to resign from positions they no longer cared to occupy,
employers also were permitted to discharge employees at their whim.
Thus, the employment-at-will doctrine avows that, when an employee does not have a
written employment contract and the term of employment is of indefinite duration, the
employer can terminate the employee for good cause, bad cause, or no cause at all.

So, what are the advantages and disadvantages of “At Will Employment’’? And what are the
exceptions?
I. THE ADVANTAGES OF
“AT WILL EMPLOYEMNT”
A. Flexibility
It allows employees and employers to work together without long term contracts or
promises from either party. It offers employees great flexibility to search for a better
job. If an employee doesn’t like a job or gets a better opportunity elsewhere, they are
free to leave. So, if you receive a more attractive job offer and you want to accept the
new position and start work immediately, you can quit your present job without
giving notice and without breaching an employment contract. If an employer wants
to change wages, benefits, or let someone go, they can do so freely as well.
B. Employer’s advantage
At-will employment can be advantageous for an employer who wishes to terminate a
poorly performing employee. The employer need not tell the employee why she is being
fired; it is sufficient to merely inform the employee that she is being terminated,
effective immediately. If an employer suspects the employee has violated company
policies but does not want to incur potential legal liability with accusations, the at-will
employment doctrine lets the employer end the employment relationship without a
potentially litigious explanation.
C. Promotions on the basis of merit
At-Will Employment offer promotions on the basis of merit.
When employees work in a contractual job then they are promoted on the basis of
negotiated rules or seniority. But this is not the case with at-will employees.
At-will employees are promoted because of merits and credit of their action. It is
because if an employee-at-will is performing well then, actions based on merit will
encourage him and allow him to work more and in a better way.
This imparts encouragement to the workers to work efficiently every day and be more
productive.
II. THE DISADVANTAGES OF
“AT WILL EMPLOYEMENT’’
 What are the Disadvantages of At-Will Employment ?

A. Uncertainty

Uncertainty is the primary disadvantage of being an at-will employee. Just as you can leave
your job at any time without notice to your employer, your employer can terminate your
employment at any time without notice to you. Your employer is not required to tell you the
reason for terminating your employment, so you may not have an opportunity to explain the
circumstances of the behavior that led to your termination.
B. Job Security
Job security can be defined as the feeling of an employee that he or she belongs in the
company, and that she or he plays an important role in the success of the organization.
However, employees under at-will employment is still cautious about feeling a sense of
job security, because their employment can be terminated at any time with or without
cause. No job security is one disadvantage of at-will employment, because no employee
is safe from layoffs or termination, thus creating a culture of fear at times within a
company that is struggling financially.
C. Conflict with Co-Workers
Another disadvantage to at-will employment for employees is more prevalent conflicts

with co-workers. Stress that is brought on the employee by the threat of termination

from the company can also affect the relationship and cooperation between co-

workers.
 III. THE EXCEPTIONS OF
“AT WILL EMPLOYEMENT”
There are some exceptions to employment at will.

A. Public Policy Exception:

Under the public-policy exception to employment at will, an employee is wrongfully
discharged when the termination is against an explicit, well-established public policy of
the State.

The public policy exception to at will employment recognizes that there are many
governmental laws, rules and policies, such as anti-discrimination laws and other
employment laws, that protect employees.
For example, in most States, an employer cannot terminate an employee for filing a
workers’ compensation claim after being injured on the job, or for refusing to break
the law at the request of the employer. In other words, you can’t fire someone
because of their gender, race, ethnicity, sexual orientation, age, disability status, or
other legally protected characteristics.

According to Dr. George Taylor III, SPHR, SCP, University of South Alabama
Mitchell College of Business, EntOrgCorp LLC:
“Employment at will does not equate to free rein to hire and fire at will. Retaliation
and discrimination are both common defenses upheld by the courts.”
 B. Implied-contract exception:

Generally, Workers with employment contracts are the only truly protected workers in
the American work force. When you are hired and sign a contract which states that you
will be employed for a certain period or that outlines the acceptable reasons for your
dismissal, you are protected from being fired at-will for the life of that contract.
The second major exception is breach of an implied contract by the employer. Generally
speaking, an implied contract is a legally enforceable agreement assumed to exist due to
the parties' conduct and because it would bring the fairest result. This type of implied
contract is always construed in favor of the employee.

Employers are prohibited from firing an employee when an implied contract is created
between them, regardless of whether or not a legal document exists. It is usually very
difficult to prove the validity of such an agreement, and that burden rests with the
employee.
For example, if you tell an employee something like, “ Once you complete your
certification program, I’ll promote you”, and then you end up firing the employee
right after they complete the training, they could sue you, suggesting that your promise
of a promotion with pay increase was an implied contract.
C. Covenant of Good Faith:
The covenant of good faith means that the employer and employee have to be fair and
forthright with each other. Neither party can undermine the other’s rights or benefits.
In states that follow this covenant, employers must have just cause to fire someone -
such as a company policy violation, insubordination, or poor performance.

For example, employers cannot fire a person in order to avoid their duties, such as
paying for healthcare, retirement, or commission-based work.
VI. YOUR RIGHTS AS AN AT-
WILL EMPLOYEE
If you are working as at-will employees then this does not mean that you have no rights
at all. Even if you are an at-will employee, you still cannot be fired for reasons that are
illegal under state and federal law. In these situations, the government in USA has decided
to make an exception to the general rule of at-will employment.
 Although employers still do not have to provide any warning or advance notice to
workers prior to terminating their employment, employers may not terminate an
employee in violation of public policy. Even in at-will states, an employer may not
terminate an employee on the basis of any protected classification (religion, age,
sex, etc.).

You cannot be fired because of certain characteristics, such as your race, religion, or
gender…
 Age. Whether you are young, old, or somewhere in between, your
employer is not allowed to terminate you based on your age.

Gender. Male and female employees are equally entitled to maintain

at-will employment and firing a worker based on gender is illegal.

Also, you cannot be fired for exercising a variety of legal rights, including the right to
take family and medical leave, to take leave to serve in the military, or to take time off
work to vote or serve on a jury.
 CONCLUSION

Although both common-law and statutory exceptions to the at-will rule exist,
the presumption remains an important feature of the U.S. employment
landscape. While an employee may be able to make a variety of claims, they
can be hard to prove. In addition, not all claims are recognized in all
jurisdictions and judicial interpretations of common law protections may be
broadly or narrowly construed. Thus far, Montana is the only state to have
completely eliminated the at-will rule.
https://bizfluent.com/info-8533105-advantages-disadvantages-atwillemployment.html
https://woman.thenest.com/disadvantages-atwill-employment-employee12904.html
https://fitsmallbusiness.com/at-will-employment-doctrine/
https://content.wisestep.com/employment-at-will/
https://study.com/academy/lesson/employment-at-will-definitionadvantages-implied-contracts.html
https://hrdailyadvisor.blr.com/2014/05/01/what-does-at-will-employment-really-mean/
https://work.chron.com/limitations-atwill-employment-3715.html
https://www.thebalancecareers.com/what-does-employment-at-will-mean2060493
https://azemploymentattorneys.com/is-arizona-an-at-will-employment-state/