The Unfairness of At-Will Employment

Excerpts from the Paper

The Unfairness of At-Will Employment
In these difficult economic times with high unemployment rates, there are many employees who believe, perhaps mistakenly, that at-will employment is still better than no employment, or no union backing or other contract, at all. At-will employment generally applies to any private-sector employee who is not covered by a collective bargaining agreement and who does not have an enforceable contract of employment. Employees retained at will may be discharged for any legal reason. “At-will employment frequently is challenged on various allegations that it is an "excuse" for unfair termination. Despite regular attacks, the courts usually uphold the concept” (“How At-Will Employment is changing”, 2007, p. 2)....

..... al, 2010, p. 463)
Given that often no valid excuse may be used, it is sad to reflect that personal animosity or the will of a manager of boss to get rid of an employee makes it difficult for that employee to remain productive.. “At-will” therefore tends to mean at the employer’s will. That creates an element of fear in the work place that can truly be counter-productive which can mean that at -will can often be uinfair.
References:
Ardelean, P. G., Baker, M.C. , Hall, B. D., Allen, W.
et al (2010): “The Development of Employment Rights
and Responsibilities from 1985 to 2010” Chicago:
ABA Journal of Labor & Employment Law. Spring, 2010
25. 3 pp. 449 - 487
“How At-Will Employment is changing” New York: HR Focus,
Oct. 2007, 84. 10. pp 1-5