Employment-at-will means that the worker serves at the employer's pleasure, and dismissal is held to be the unilateral privilege of the employer. This Article examines the employment-at-will doctrine and the emergence of a competing doctrine that permits employees to pursue wrongful discharge actions against their employers. The authors propose a legislative solution to the uncertainty in the wrongful discharge area and explore some of the issues that they find likely to be confronted in the 1990s. They document the struggle to reach an appropriate accommodation between the sound policies that underlie the employment-at-will doctrine and the circumstances that have prompted recognition of the wrongful discharge action.
Donald G. Kempf Jr. & Roger L. Taylor,
Wrongful Discharge: Historical Evolution, Current Developments and a Proposed Legislative Solution,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol28/iss1/3