employment-at-will concepts jody blanke distinguished professor of computer information systems and...
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Employment-at-Will Concepts
Jody BlankeDistinguished Professor of Computer Information Systems and LawMercer 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!”
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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
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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
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