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At-will employment
At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning.〔Jay Shepherd, ''Firing At Will: A Manager's Guide'' (Apress Media, 2011) 3-4.〕 When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning.〔See, e.g., Richard Epstein, ''In Defense of the Contract at Will'', 57 U. Chi. L. Rev. 947 (1984).〕 In contrast, the practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.〔See ''Coppage v. Kansas'', 236 U.S. 1 (1915) (Holmes, J., dissenting).〕
At-will employment gradually became the default rule under the common law of the employment contract in most states during the late 19th century, and was endorsed by the U.S. Supreme Court during the ''Lochner era'', when members of the U.S. judiciary consciously sought to prevent government regulation of labor markets.〔See, e.g., ''Adair v. United States'', 208 U.S. 161 (1908).〕 Over the 20th century, many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether. In workplaces with a trade union recognized for purposes of collective bargaining, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights (particularly the discrimination prohibitions under the Civil Rights Act), most states adhere to the general principle that employer and employee may contract for the dismissal protection they choose. At-will employment remains controversial, and remains a central topic of debate in the study of law and economics, especially with regard to the macroeconomic efficiency of allowing employers to summarily and arbitrarily terminate employees.
==Definition==
At-will employment is generally described as follows: "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work."〔Mark A. Rothstein, Andria S. Knapp & Lance Liebman, ''Cases and Materials on Employment Law'' (New York: Foundation Press, 1987), 738.〕 In an October 2000 decision largely reaffirming employers' rights under the at-will doctrine, the Supreme Court of California explained:
At-will employment disclaimers are a staple of employee handbooks in the United States. It is common for employers to define what at-will employment means, explain that an employee’s at-will status cannot be changed except in a writing signed by the company president (or chief executive), and require that an employee sign an acknowledgment of his or her at-will status. However, the National Labor Relations Board has opposed as unlawful the practice of including in such disclaimers language declaring that the at-will nature of the employment cannot be changed without the written consent of senior management.〔The NLRB's concern is that such language may cause an employee to believe erroneously that activities such as collective bargaining through unionization would have no ability to change the at-will nature of the employment.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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