Employment at Will
Employment-at-Will Exceptions:
Overview of Associated Terms and Phrases
The following descriptions of terms and phrases from the Employment-at-Will multimedia are provided for further review and study. For more information on each term or phrase, refer to the pages provided from the Employment Law for Business text.
Breach of Implied Covenant of Good Faith and Fair Dealing
In an employment relationship, this breach may occur if the parties have entered into an employment contract. In a contractual context, there is an implied presumption that neither party will do anything that prevents the other from receiving the fruits of the contract. Not all states recognize this exception to the employment-at-will doctrine. (Bennett-Alexander, 2007, pp. 36-39)
Constructive Discharge
Constructive discharge may result when there is no reasonable alternative for the employee other than leaving the employment relationship. Leaving under these conditions is considered involuntary. Under these circumstances, the employer causes the employee discharge even if they did not outright fire the employee. (Bennett-Alexander, 2007, p. 44)
Public Policy
Public policy exceptions to at-will employment are recognized to varying degrees by many states. In the employment relationship, public policy violations normally involve employee termination for refusing to violate the law, exercising or fulfilling a legal right or duty, or disclosing law breaking by an employer. (Bennett-Alexander, 2007, pp. 28-31)
Whistle-blowing
Whistle-blowing is an example of a public policy exception to the employment-at-will doctrine. The term refers to an instance of reporting by an employee of an employer’s violation of the law or wrongdoing. A majority of states have established laws that offer some form of protection for whistle-blowers. One congressional act, the Whistleblowers Protection Act, and one statute, the Federal Whistleblower Statute, have also expanded protection for
Overview of Associated Terms and Phrases
The following descriptions of terms and phrases from the Employment-at-Will multimedia are provided for further review and study. For more information on each term or phrase, refer to the pages provided from the Employment Law for Business text.
Breach of Implied Covenant of Good Faith and Fair Dealing
In an employment relationship, this breach may occur if the parties have entered into an employment contract. In a contractual context, there is an implied presumption that neither party will do anything that prevents the other from receiving the fruits of the contract. Not all states recognize this exception to the employment-at-will doctrine. (Bennett-Alexander, 2007, pp. 36-39)
Constructive Discharge
Constructive discharge may result when there is no reasonable alternative for the employee other than leaving the employment relationship. Leaving under these conditions is considered involuntary. Under these circumstances, the employer causes the employee discharge even if they did not outright fire the employee. (Bennett-Alexander, 2007, p. 44)
Public Policy
Public policy exceptions to at-will employment are recognized to varying degrees by many states. In the employment relationship, public policy violations normally involve employee termination for refusing to violate the law, exercising or fulfilling a legal right or duty, or disclosing law breaking by an employer. (Bennett-Alexander, 2007, pp. 28-31)
Whistle-blowing
Whistle-blowing is an example of a public policy exception to the employment-at-will doctrine. The term refers to an instance of reporting by an employee of an employer’s violation of the law or wrongdoing. A majority of states have established laws that offer some form of protection for whistle-blowers. One congressional act, the Whistleblowers Protection Act, and one statute, the Federal Whistleblower Statute, have also expanded protection for
Cited: Bennett-Alexander, D. D. & Hartman, P. L. (2007). Employment law for business (5th ed.). New York: McGraw-Hill.