Defend The Concept Of Employment By Will – Essay Example

Concepts of employment by will Samson Varghese Concepts of employment by will “The employment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause at all”
(Charles J. Muhl) At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability. The employer is free to discharge individuals "for even no cause at all," and the employee is equally free to quit. “The United States is the only major industrial power that maintains a general employment-at-will rule.” (Employment at Will)

At will employment gives the freedom for employees to quit his job any time, if he is not at all satisfied with it. In most of the other types of employment contracts, the employees are forced to complete a probation period and there after a compulsory 3 to 5 years services for the organization. If the employee gets another better employment with in this period, he is not able to quit the organization because of his signed contract. In some cases the employees after joining the organization may find it difficult to adjust with the working conditions. The at-will employment contract provides the freedom of quitting the job without having any other commitment to the organization.
At-will employment helps the employers also. In case if the employer feels that the employee is not fit for the positions he is free to cease the contract. There is no
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need for him to keep an improper employee for a longer period because of the labor contract. “If you are employed at will, your employer does not need good cause to fire you. In every state but Montana (which protects employees who have completed an initial "probationary period" from being fired without cause), employers are free to adopt at-will employment policies, and many of them have. In fact, unless your employer gives some clear indication that it will only fire employees for good cause, the law presumes that you are employed at will” (Employment At Will: What Does It Mean?)
Conclusion
At-will employment contracts help both the employer and the employee. Both of them get enough flexibility in selecting the employee and the employer. No employment barriers are there for both in doing so.
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References
1. Charles J. Muhl , The employment-at-will doctrine: three major exceptions,
Retrieved on February 9, 2009
http://72.14.235.132/search?q=cache:Nv9Ycwj99DQJ:www.bls.gov/opub/mlr/2001/01/art1full.pdf+employment+by+will&hl=en&ct=clnk&cd=2
2. Employment At Will: What Does It Mean? Retrieved on February 9, 2009
http://www.nolo.com/article.cfm/ObjectID/AAD74992-4C86-44DA-8102A340BCEC520A/catID/D348BE73-C552-4D58-B00586C0C0909EFA/104/150/269/ART/
3. Employment at Will, Retrieved on February 9, 2009

http://legal-dictionary.thefreedictionary.com/Employment+at+Will