Also known as:at will employment · at-will · employment at will · at will · at-will doctrine
Written by attorneys · grounded in primary & secondary sources — see 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.
Sources & Authorities
How it applies
Common Examples
6
Pharmaceutical Firm Ends Technician Role
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.
Aerospace Company Releases Engineer
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.
Mining Firm Terminates Supervisor
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.
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Cases
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Energy Corporation Lets Go of Analyst
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.
Agency Removes Investigator
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.
Free Enterprise Fund v. Public Company Accounting Oversight Board561 U.S. 477, 489, 130 S. Ct. 3138, 3150, 177 L. Ed. 2d 706 (2010)
Government Ends Contractor Position
Adrian 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.
Common questions
Frequently Asked
4
What must an employee prove to overcome the at-will presumption?+
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.
Supporting sources
Does an at-will employee have a property interest in continued employment?+
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.
Supporting sources
Can an employer discharge an at-will employee for a bad reason?+
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.
Supporting sources
Does reliance on a promise of at-will employment support promissory estoppel?+
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.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…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…