Employment-at-Will Concepts Jody Blanke Distinguished Professor of Computer Information Systems and Law Mercer University

Employment Law Primarily state law A good bit of federal law, too varies from state to state A good bit of federal law, too mostly discrimination law

At-Will Employment Generally, an employee - can be fired for good reason “You’ve been stealing from us. You’re fired!” - can be fired for “no” reason “I don’t like the color of your shoes. You’re fired!” - cannot be fired for bad reason “You’re black. You’re fired!”

Wrongful Discharge Exceptions Vary greatly by state 1. Public policy exceptions e.g., whistleblower statutes recognized by 43 states

Wrongful Discharge Exceptions 2. Implied contract exceptions e.g., employee handbooks recognized by 44 states

Wrongful Discharge Exceptions 3. Implied covenant of good faith and fair dealing exception recognized by 13 states Twelve states recognize all three exceptions Four states recognize none of the exceptions Florida, Georgia, Louisiana, Rhode Island