Employment At-Will

7 Pages 1788 Words

ren’t enough. Unfortunately when it comes to wrongful termination courts haven’t been consistent in determining what an employee can be protected from. Many courts have expanded the at will doctrine however, it is not clearly mandated. “Moreover, the exclusion of Federal (and State) anti-discrimination law from the coverage of wrongful discharge laws ignores the casual link between anti-discrimination legislation and common law exceptions to the employment at will doctrine.” (McGinley)
An exception used through common law is the “public policy” exception. Many people are employed at-will, meaning that they don't have a formal employment contract with their employer. However, even at-will employees should share entitled to certain legal protections against wrongful termination, and should not be fired for reasons that violate the law or public policy in all at will states. “ Courts have looked to statutes, constitutions, administrative regulations, and professional codes of ethics to identify the relevant public policy.”(Sprang) Although, it isn’t absolutely codified in all at-will states, therefore we need more clarification. Even if there appears to be some basis for a claim of wrongful discharge in violation of public policy, there is no guarantee that the court will recognize the public policy at issue. L...