Book Opener

l How to defineemployment-at-willl How to identify thosesituations that falloutside of the doctrineof employment-at-willl How to identify theexceptions toemployment-at-willl How to distinguishbetween impliedcontract and impliedcovenantUnderstanding the natureof at-will employmentwill help you determinewhether your rights havebeen violated if you aredischarged by anemployer.EmploymentRelationshipsEmployment-at-WillThe doctrine known as employment-at-will is the general rulegoverning employment in most states. According to this doctrine, anemployer is permitted to discharge an employee at any time, for any orno reason, with or without notice. This doctrine is based on the notionthat both parties in an employment relationship must be free to leavethe employment arrangement at any time. If employees were not freeto leave an employment relationship at any time, then they would actuallybe slaves. Enslavement, of course, violates the Thirteenth Amendment’sprohibition against involuntary servitude.Unionized EmployeesThe doctrine of employment-at-will does not apply in certain situations.Employees have the right to organize and participate in a union.A union is an organization of employees that is formed to promote thewelfare of its members. Employees who belong to labor unions havehiring and firing procedures built into their collective bargaining agreements.A collective bargaining agreement is a contract negotiatedby the employer and representativesof the laborunion, and it covers issuesrelated to employment.l employment-at-willl unionl employment-at-willl unionl collective bargainingagreementl grievance procedurel severance payl promissory estoppell implied contractl disclaimerl public policy tortl implied covenantUNION ACTIVITYA union is an organization ofemployees that is formed topromote the welfare of itsmembers. Employees whobelong to labor unions havehiring and firing proceduresbuilt into their collectivebargaining agreements. Whatprocedures are available tounion members should anemployer violate a collectivebargaining agreement?434 Unit 4: Being an Agent and Getting a Job