This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair treatment and include arbitration of disputes; and (4) a legislative solution that would balance the rights of employees with those of employers, to promote equitable treatment of the workforce without detracting from robust economic performance.
Patricia M. Lenard,
Unjust Dismissal of Employees at Will: Are Disclaimers a Final Solution?,
15 Fordham Urb. L.J. 533
Available at: https://ir.lawnet.fordham.edu/ulj/vol15/iss2/7