Most of the countries in the world have laws that bind an employer to only dismiss an employee under specific reasons. This does not resonate with most of the States in America where an employer can terminate an employee without any due reason or an employee can terminate employment without any reasons or legal obligations. The laws in these states protect employees and advocates for employment at will. This paper reviews the viability of employment at will and how it should be implemented.
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Employment at will should be the standard contract type, because it gives the employer the protection to change employment terms at will (NCSL Para 4). This means that no consequences can befall an employer for not giving a notice to the employer regarding the change in the contract terms. This is favorable, because it gives employers the space dynamism necessary to adapt to the working environment.
This contract is favorable, because it has exceptions that are outlined by the law.
The employer is, however, restricted by the law against employment termination, which violates public interest (NCSL Para 9). This may be extended in some cases to include professional ethics and administrative rules and regulations. The law also provides for protection of employees against adverse employment terms. This means that, although the employment is not governed by any expresses or written contracts, an employer may make statements towards security of job during employment, which maybe interpreted as a form of contract (Muhl 7 Para 4).
The employee is also protected by the law against termination based on bad faith or unfair judgment. This means that an employee can not be terminated where the employer is motivated by malice or prejudice (Muhl 8, Para 1). For instance, an employee may not be fired, if an employer’s motivation is voidance to pay retirement benefits to the employee (NCSL Para 15). Emotional and psychological abuse may be included in this exception.
This paper argues that employment at will should be the standard contract of employment, because it gives the employer and employee the flexibility needed to survive in a competitive business environment. Despite the free will proper regulations regarding the law has been established so that unfair employment activities may not prevail. This offers the right combination of regulation and exercise of free will in business employment contracts.
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