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What is the common law doctrine of employment at will? Identify an exception to the doctrine,...

What is the common law doctrine of employment at will? Identify an exception to the doctrine, and how the exception would apply?

Employment relationships have traditionally been governed by the common law doctrine of employment at will. Either party may terminate the employment relationship at anytime and for any reason, unless doing so violates an employee's statutory or constitutional rights. Some courts have held that an implied employment contract exists between the employer and the employee. If the employee is fired outside the terms of the implied contract, he or she may succeed in an action for breach of contract even though no written employment contract exists.   

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The exception of implied contract applies when the employee had the perception of job security due to certain oral or written representation of the employer. It may happen due to the employer’s statements that give expectation of fixed term or indefinite term employment, employee handbooks with specific termination procedures, employer’s practice of only firing employees for cause etc. But the employer can protect themselves by using a clear and unambiguous disclaimer in handbooks and other written representations that the policies and procedures do not create contractual rights.

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