Employment At Will

Question 1

Employment at will

Answer 1

the default employment arrangement in which employees can be dismissed by an employer for any reason (that is, without having to establish ‘just cause’ for termination), and without warning.

Question 2

Exceptions

Answer 2

There are some exceptions like discrimination or retaliation that would make a termination illegal

Question 3

Notice periods

Answer 3

Some provinces require notice periods before termination based on length of service

Question 4

Justifications for Employment-at-Will

Answer 4

Proprietary Rights: The basic prerogative to hire and fire whomever the owners wish and whenever they wish.

Equal Access to Pursue Interests: Assures employee and employer rights equally.

The ‘At Will’ Proviso: When employees take a job they voluntarily commit themselves to the terms of that job.

Practical Efficiency: Due process will interfere with the efficient and productive operation of the business.

Regulatory Concerns: Regulation of the terms of the employment relationship represents and undue burden.

Question 5

Objections to Employment-at-Will

Answer 5

Respect for human dignity: Firing an employee without good cause treats them like machinery and denies respect for persons.

Power Asymmetries: It ignores that employers have a great deal more power than employees.

Good Faith Expectation: Loyalty, trust, and respect are expected of employees and, thus, reciprocal obligations accrue to employers.

Implicit Property Rights: The right to due process is ground in the ‘implicit’ property rights that workers accrue in the course of their employment.