Employment Law -- Employee

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Are There Exceptions To "at Will" Employment?

First, where an employee is fired in a manner or for a reason that contravenes a recognized and established public policy, the at­will rule will not serve to insulate the employer from liability. Second, courts have clarified the requirements for finding an express or implied contract term for employment for a certain period or a covenant for dismissal only with cause. Finally many courts have relied upon the implied covenant of good faith and fair dealing and have granted the discharged employee a cause of action to sue when the employer’s conduct breaches that implied covenant. This cause of action may sound in tort, contract, or both, depending upon the jurisdiction.