EMPLOYMENT AT WILL STATES

It is truly amazing how many employees I’ve talked to who don’t know if they live in employment at will states. Hi, my name is Yancey and most of them don’t even know what it means. A lot of employees are surprised to find that employers can fire them for almost any reason, a possibly unfair reason or no reason.

Employment is presumed to be voluntary and indefinite for the employee and the employer. You as an employee can quit your job for whatever excuse and whenever you want. However, employers can fire you for whatever excuse and whenever they want under at-will doctrine.


Due to a lot of lawsuits in the 80’s involving employment at will, the Model Employment Termination Act (META) was created. Under the Act employers must show ”good cause” to fire an employee. I have seen in my professional career many an employee including myself terminated for so called “good or just cause”. There have been many abuses, biases and corruption hidden behind “good cause”.


The laws dealing employee terminations are different state to state. It makes sense to learn what the laws are in your state. In employment at will states, the courts have a tendency to maintain the “common law” of employment at will. That means that courts make decisions on a case-by-case basis. They have the duty to “make” law by precedent or what’s gone before.

• an employee on jury duty
• the employer violating its own discharge policy
• the employer violating state or federal law
• because the employee would break the law

• whistle blowing
• taking (FMLA) Family Medical Leave Act
• exercising reasonable employment and labor rights laws
• taking advantage of union rights
• serving in the military reserve

Covenant of good faith and fair dealing

A breach of an implied covenant of good faith and fair dealing is a standard in eleven states. This is the most noteworthy exception because it has been interpreted by courts that personnel decisions are subject to a “just cause”. It also means that firing employees in “bad faith” or malice should be banned.

Implied contract

An employer may not fire an employee even though no specific writing regarding the employment relationship exists, when the implied contract is formed. Implied contracts can be difficult to prove and the burden is on the employee.

Personnel policies and employee handbooks that specify an employee not be terminated except for good cause or indicate a course of action for firing, usually involve implied contracts. An employer may be held liable for a breach of contract if the employee’s firing violates an implied employment contract. There are thirty eight states that recognize implied contracts as an at will employment exception.

Public Policy

This exception prohibits an employer from terminating an employee if it would violate a state or federal law. For example an employer may not fire an employee for refusing to break the law at the employer’s request. Another example would be if the employer fired the employee for filing a worker’ compensation claim. Forty-three states recognize this exception as the most widely accepted.

• his/her employer made a clear and specific promise
• the employee relied or counted on that promise
• the employees reliance was reasonable and foreseeable
• the employee was damaged or injured as a result of the employer not fulfilling that promise

• returning military service employees protected under the Uniformed Services Employment and Reemployment Rights Act. (USSERA)
• government workers-civil service, state, local and federal.
• employees in certain states-Virgin Islands, Puerto Rico, Arizona or Montana.
• employees with contracts.

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