Introduction
The doctrine of employment-at-will emerged in the nineteenth century in the United States in a climate of unbridled, laissez-faire expansionism, social Darwinism, and rugged individualism. It is often referred to as Wood's Rule, named after Horace C. Wood, who articulated the doctrine in an 1877 treatise Master and Servant. No doubt the title of the treatise says all that need be said regarding Wood's view of employment relations and, unfortunately, the view shared by most of his legal contemporaries (Mauk, 1985).
According to Wood, an employee must be free to quit at any time, otherwise there is the possibility of involuntary servitude, which is prohibited in the Thirteenth Amendment to the U.S. Constitution. The doctrine of mutuality of obligations then required a symmetrical right of the employer to terminate the employee at any time.
At- Will Employment: Definition and Application
In its narrowest sense, the doctrine of at-will employment only speaks to when an employment contract can be terminated: the contract can be terminated at-will of either party, i.e., at any time. A separate issue is why (i.e., for what reasons) the employment contract can be properly terminated. From the beginning, the concept of at-will employment meant that the employment contract could be terminated for any reason by either party (Mauk, 1985).
Most employees of state governments in the USA are not at-will employees. And most members of labor unions in the USA are covered by a written contract, called a "collective bargaining agreement" that contains a clause specifying that their employment can be terminated only for just cause. This clause makes union members not at-will employees.
Recognizing that this rule of law is too harsh, courts in the 1960s began ...