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The employment-at-will doctrine: three major exceptions

Monthly Labor ReviewJanuary 20013 employment at WillThe employment -at- will doctrine: three major exceptionsIn the United States, employees without a writtenemployment contract generally can be firedfor good cause, bad cause, or no cause at all;judicial exceptions to the rule seekto prevent wrongful terminationsCharles J. MuhlCharles J. Muhl,formerly an economistwith the Bureau ofLabor Statistics,Washington, DC, is anattorney in Chicago, joyfully and peacefully, knowing thatright thoughts and right efforts willinevitably bring about right results James AllenSee only that thou work and thou canstnot escape the reward Ralph Waldo EmersonLike Allen and Emerson, many workers inthe United States believe that satisfactoryjob performance should be rewarded with,among other benefits, job security. However, thisexpectation that employees will not be fired ifthey perform their jobs well has eroded in recentdecades in the face of an increased incidenceof mass layoffs, reductions in companies workforces, and job turnover.

The em-ployment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefi-nite duration, the employer can terminate the employee for good cause, bad cause, or no cause at all.1 Traditionally and as recently as the early

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