2. The social contract that has historically
defined the employee/ employer relationship is
known as the “employment-at-will” (EAW)
doctrine.
3. Essentially, the EAW doctrine can be define as “
the right of an employer to fire an employee
without giving a reason and the right of an
employee to quite when he or she chooses”
4. If employee are unprotected by union or other
written contracts, they can be fired, according to
this doctrine.
5. Federal legislation since the 1960’s has been
enacted to protect employee against racial
discrimination and to provide rights to a
minimum wages, to equal hiring and
employment opportunities, and participate in
labor unions.
6. Since the 1970’s state court decision have
limited the EAW doctrine. Specifically, state
court have upheld employees’ rights to use legal
action against their employer if an employee
terminated violated “public policy” principles
7. For Example
1- if employees were pressured to commit
perjury or fixed prices
2- if employee were not permitted to perform
jury duty or file for workers’ compensation.
3- if employees were terminated because they
refuse to support a merger
4- if employees reported alleged employer
violation of statutory policy.
8. In 1981 California appeals court decision ruled
that, in a non-contractual employment arrangement
an implied promise from the employer existed. The
employer could not act arbitrarily with its
employees regarding termination decisions when
considering the following factors
1- duration of employment
2- Recommendations and promotions
received
3- lack of direct criticism of work
4- assurance given
5- the employer’s acknowledge policies
