1. The Employment-at-Will Doctrine
Jody Blanke, Professor
Computer Information Systems and Law
Mercer University, Atlanta

2. Employment Law Primarily state law A good bit of federal law, too
varies from state to state
A good bit of federal law, too
mostly discrimination law

3. At-Will Employment Generally, an employee
- can be fired for good reason
“You’ve been stealing from us. You’re fired!”
- can be fired for “no” reason
“I don’t like the color of your shoes. You’re fired!”
- cannot be fired for bad reason
“You’re black. You’re fired!”

4. Wrongful Discharge Exceptions
Vary greatly by state
1. Public policy exceptions
e.g., whistleblower statutes
recognized by 43 states

5. Wrongful Discharge Exceptions
2. Implied contract exceptions
e.g., employee handbooks
recognized by 37 states

6. Wrongful Discharge Exceptions
3. Implied covenant of good faith and fair dealing exception
recognized by 11 states
Six states recognize all three exceptions
Alaska, California, Idaho, Nevada, Utah, Wyoming
Four states recognize none of the exceptions
Florida, Georgia, Louisiana, Rhode Island