What Is “At-Will Employment,” and Why Does It Matter?

William A. Herbert

Socialist New York City councilor Tiffany Cabán recently introduced legislation requiring “just cause” for firing workers. We spoke to a labor law scholar about why scrapping “at-will” employment would bring a major measure of democracy to the workplace.

Under the existing “at-will” employment regime, most workers in the United States could be fired tomorrow for any reason, without explanation. (E. F. Joseph / Anthony Potter Collection / Getty Images)


In the United States, we often take for granted the immense power our employers have over us. Consider, for instance, the fact that your boss could fire you tomorrow for absolutely no reason. Didn’t get a hearing to defend yourself? What about an opportunity to come up with a plan to improve your job performance? Doesn’t matter — for most workers in the United States, none of that is required. Your boss isn’t even legally required to explain why you’ve been let go.

This near-total lack of protection from unfair firings has a name: the at-will employment doctrine. This doctrine doesn’t come from some old dusty law on the books that voters could mobilize around. Instead, the rule that governs the most important economic relationship of our lives comes from a nineteenth-century lawyer who lied.

The short version of the story: in his 1877 treatise called “Master and Servant,” lawyer Horace Wood gave four examples that prove that bosses legitimately can fire workers for no reason. Those examples, as it turns out, were made up. But no matter. Judges across the country used his reasoning, and to this day, the at-will doctrine remains precedent.

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