Employer Disadvantages of the At-Will Doctrine
Unfortunately for the employer, when looking at employment-at-will pros and cons, there are really more cons than pros.
Just as the employer can terminate the working relationship without cause, so can the employee—meaning they can basically quit anytime they wish. In a workforce full of worries about job stability, employees may jump from job to job in hopes of finding the right career path or company that offers exactly what they want—this can mean large employee turnover.
If you utilize employee contracts and you find you want to terminate an employee, you may not be able to do so, based on the written requirements within the contract.
Employees that do up and quit without any notice can leave the employer seeking a quick solution to filling the employee’s role within the company.
Certain laws overrule the at-will doctrine such as the public exception—meaning no employer can ask any employee to do something illegal; protection for the employee from firing for race, age, sex, nationality or religion; and protection for the employee under the Family Medical Leave Act. An employer may also face challenges of terminating an employee that is out on a work-related injury and receiving workman’s compensation benefits.
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