AT-WILL DOCTRINE 4
The at-will employment policy has come under criticism in the pastfew decades. However, a deeper analysis of the policy indicates thatboth the employee and employer are not oppressed by this policy(Twomey, 2010). To start with, while the employer may dismiss anemployee at will, the employee could also leave the job withoutgiving any just reasons for leaving. It is also evident that theemployee in question was hired at will by the employer and thereforethe employee cannot claim any losses once he or she is dismissed atwill. A vast majority of the employers who practice the at-willemployment policy have disclaimers such as “XYZ Co. is an at-willemployer”, embedded on their employment contracts, which theemployees agrees and signs to (Twomey, 2010). Therefore, it isresponsibility of the employee to critically evaluate the employmentcontract before signing.
The dismissal of Mr. Fused was extremely unfair and he deserved ajust cause for his termination. Employers can use this policy toexploit and oppress employees since they are not bound by law toexplain their reasons for dismissing an employee. For instance, anemployee who rejects any sexual advances from his or her supervisor,may be dismissed unfairly. The at-will policy leaves the employee ata disadvantage since the employer can arbitrary terminate theemployee’s employment for not following instructions, which are notwithin the principles of the contract (Twomey, 2010). The at-willemployment policy favors the interests of the employer since he hasthe authority to command the employee who is at constant fear of areprimand. Employees in the medical industry must be dismissed onjust cause policy.
The at-will doctrine is an old and traditional policy that has noplace in the modern and free world (Twomey, 2010). Employees in themedical sector must be given the just cause for their termination. Itis extremely disheartening for an employee to be dismissed withoutbeing given the reasons behind his dismissal. In this regard, justicedemands that the at-will doctrine should be abolished, not only inthe medical sector, but also in all sectors of employment.
Twomey, D. P. (2010). Labor & employment law: Text &cases. Mason, Ohio: South-Western Cengage Learning..