An employment relationship is formed when parties exchange promises about duties, wages, hours, and benefits. Employers have policies and forms that define the arrangement, but legislatures and courts have added terms to it. At-will employment is the relationship predominantly used by American businesses, and governments use it liberally as well. In its pure form it means that if the parties do not specify the duration of employment—and most do not—either party may terminate the employment at any time, for any reason.

The civil rights laws are the most well-known example. As a result of these exceptions, at-will employment now means something different: If the parties do not specify the duration of employment, either party may terminate it at any time, for any lawful reason. From a manager’s perspective, this means that even at-will employees have many rights that cannot be violated.

The Supreme Court has also ruled that when a public employer takes adverse action against an employee it is “state action,” so federal and state constitutional protections apply. As a result, employees who exercise freedom of speech or freedom of association or assert the right to privacy at work cannot be punished if their conduct falls within the ambit of one of these constitutional protections.

свернуть