At-Will rule Flashcards
Are there modifications to the at-will rule?
Yes, there can be. If there is a contract (e.g. employee handbook), a person can be discharged only in a manner consistent with the terms of that contract.
May employment manuals be considered as an implied contract?
Yes. This was the issue in Woolley v. Hoffmann-La Roche.
Can there be exceptions to the at-will rule?
Yes, it could be if an employee handbook or manual constitutes a contract.
Is an employee handbook a contract of employment or a compilation of discretionary policy statements?
The answer depends on whether the handbook has a disclaimer telling employees that they are at-will and cannot rely on the handbook as a contract.
When is an employee handbook not a contract?
If it says it’s not a contract.
What is the at-will rule?
At-will means that an employer can terminate an employee at any time for any reason, except an illegal one. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.
