Also known as: at will employment · at-will · employment at will · at will · at-will doctrine
Written by attorneys — see sources below.
An employment relationship in which either the employer or the employee may terminate the relationship at any time for any reason or no reason, provided the termination does not violate statutory protections such as antidiscrimination laws.
Avalon Pharmaceuticals hired Abigail Alvarez as a lab technician under an agreement with no fixed duration or termination restrictions. Six months later the company eliminated her position without advance notice or stated cause. Alvarez accepted the decision and sought new employment elsewhere.
Astra Aerospace orally offered Anthony Arnold an engineering position with no written term or cause requirement. After Arnold began work the company ended the arrangement when project funding shifted. Arnold received final pay and left without contesting the termination.
Alpine Mining engaged Adam Anderson as a site supervisor under an informal understanding that either side could end the relationship at any time. When safety concerns prompted a workforce reduction the company notified Anderson that his services were no longer needed. Anderson departed and pursued other opportunities.
Apollo Energy retained Angela Acosta as a financial analyst with no written promise of continued employment. After a quarterly review the company decided to restructure and informed Acosta that her position was eliminated effective immediately. Acosta collected her final paycheck and began job searching.
A federal agency appointed Ariana Azizi to an investigative post with duties defined by the appointing order. When leadership changed the agency ended the appointment without cause or hearing. Azizi challenged the removal on due-process grounds but the court found no protected interest.
In 2002 Congress enacted the Sarbanes-Oxley Act, which created the Public Company Accounting Oversight Board as a five-member entity appointed by the Securities and Exchange Commission. The Board oversees audits of public companies and possesses authority to inspect registered accounting firms, initiate investigations, and issue sanctions. Beckstead and Watts, LLP, a Nevada accounting firm, registered with the Board. The Board inspected the firm, released a report critical of its auditing procedures, and began a formal investigation. Free Enterprise Fund, a nonprofit organization of which the firm is a member, and Beckstead and Watts sued the Board and its members, the Commission, and the United States in federal district court. They sought declaratory and injunctive relief alleging that the Board's structure violated the Constitution. The district court determined it had jurisdiction and granted summary judgment to the defendants. The Court of Appeals for the District of Columbia Circuit affirmed the district court's judgment in full. The Supreme Court granted certiorari.
View caseAdrian Aguilar served as a contractor for a federal office under an arrangement allowing termination at the government's discretion. Following a policy shift the office discontinued the contract without prior notice. Aguilar accepted the end of the relationship and sought other work.
The employee must show an enforceable promise of employment for a definite term or termination only for cause. That promise may arise from an express agreement, handbook language, or other conduct that supplies consideration or supports promissory estoppel.
No. When state law permits termination at the employer's discretion the employee lacks a legitimate claim of entitlement to continued employment and therefore receives no procedural due process before termination.
Yes, provided the reason does not violate a statute or other law such as antidiscrimination provisions. The at-will rule permits termination for good reasons, bad reasons, or no reason at all.
Generally no. Courts treat reliance on at-will employment as unreasonable because the employer retains the right to terminate without cause, leaving the employee without an enforceable expectation of continued work.
…exercised until appointment is made; once made his power over the office is terminated where by law the officer is not removable at will. The right to the office is then in the person appointed who has the absolute power of accepting or rejecting it. Mr. Marbury, since his commission was signed by the President and sealed…