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Employment-At-Will Re: Offer Letter
Most empolyment relationship in US is employment-at-will, meaning exactly what
is written in your offer letter, even permanent employment may be viewed as
at-will employment. Some say it protects US economy. For example, after the
tech bubble, many companies avoid bankruptcy by simply laying off a bunch of
people.
It is fair in the sense that it is a symmetrical relationship---you could fire
your boss at any time for no reason as well. Though it would never be
absolutely fair since you may have to worry about meeting the needs of your
family but the boss usually doesn't.
Unless you have a fixed-term written contract stating you are guaranteed for a
job for a definite number of years, the tacit agreement is that you are an
employee-at-will.
There are a few exceptions to protect employees from being wrongfully
discharged in the name of at-will employment:
1. Public policy/Law violation exception. For example, you were asked by your
employer to do something illegal, you rejected and were fired.
2. Independent consideration that directly benefits employer
For example, other than fulfilling your normal duty, you invest a large sum of
money, which you are not obligated to do, to your company to help its growth.
3. Implied-in-fact contract to discharge only for good cause
For example, you have worked for them for twenty years with consistently high
evaluation every year, and yet you are fired without good cause.
4. Implied covenant of good-faith and fair-dealing
For example, you secured a multi-million dollars business for your company and
is entitled for a certain percentage, yet you are fired just before you get
it.
5. Employment handbook claim
If your employment handbook lists the standard steps of firing an employee,
yet you are fired without those steps being followed.
6. Torts of bad-faith discharge.
For example, if the discharge involves fraud, defamation, intentional or
negligent infliction of emotional distress, etc.
7. Civil rights suits
Namely, if you are discriminated based on age, race and sex.
In most cases, it is not worth filing a lawsuit. It is an American way, take
it or leave it. So I guess as long as we are still employees in US, we will
have to live with it.
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