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

Employment Law  Primarily state law 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!” 3

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 5

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 6