At-Will Employment & Exceptions
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Employment Law · Lesson 01
At-Will Employment & Exceptions
這一課問的是：員工是否為 at-will？是否符合公共政策、默示合約、誠信義務之例外阻卻解僱？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Was the employee at-will, and does an exception (public policy, implied contract, covenant of good faith) bar termination?
這一課問的是：員工是否為 at-will？是否符合公共政策、默示合約、誠信義務之例外阻卻解僱？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
at-will employment
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Either party may terminate at any time, with or without cause, absent contractual or statutory protection.
隨意僱用。
public policy exception
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Employer cannot fire for reason violating clear public policy.
公共政策例外。
implied contract exception
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Handbooks, promises, or course of dealing may create implied employment contract.
默示合約例外。
good faith covenant
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Minority of states recognize implied covenant of good faith in employment.
誠信義務（少數州）。
Montana exception
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Only state with statutory just-cause requirement after probationary period.
蒙大拿例外。
retaliatory discharge
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Termination for protected activity — actionable.
報復性解僱。
constructive discharge
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Working conditions so intolerable a reasonable person would resign.
推定解僱。
Issue · what this lesson is really about
Was the employee at-will, and does an exception (public policy, implied contract, covenant of good faith) bar termination?
這一課問的是：員工是否為 at-will？是否符合公共政策、默示合約、誠信義務之例外阻卻解僱？
Trigger words & phrases that should flag this issue:
firedat-willhandbookpublic policywhistleblowerretaliation
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State default | Absent contract or statute, US employment is presumed at-will. | 美國僱用默認隨意。 |
| Apply public policy | Employer cannot fire for refusing to commit illegal act, exercising statutory right, or whistleblowing on illegal activity. | 不可因拒絕違法、行使法定權利、檢舉違法而解僱。 |
| Apply implied contract | Handbook language or oral assurances of job security may create an implied contract. | 手冊或口頭承諾可創設默示合約。 |
| Apply constructive discharge | Working conditions so intolerable that a reasonable person would resign constitute constructive discharge. | 條件不堪致合理人辭職 → 推定解僱。 |
Rule Sentence · the workhorse
In the United States, employment is presumed at-will — meaning either party may terminate at any time, with or without cause — unless modified by a written or implied contract, a statute (Title VII, ADA, ADEA, etc.), or one of the recognized common-law exceptions: the public-policy exception, the implied-contract exception, or (in some states) the implied covenant of good faith.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employer僱主
Act 行為terminating employee解僱員工
Object 對象at-will employee隨意員工
Standard 法律標準at-will + exceptions隨意 + 例外
Consequence 後果lawful termination or wrongful discharge合法解僱 或 不法解僱
Casebook Snapshot · a real American case
Petermann v. International Brotherhood of Teamsters
Holding. An at-will employee fired for refusing to commit perjury before a state legislature stated a claim for wrongful discharge in violation of public policy. The public-policy exception bars termination for reasons that contravene clearly established public policy reflected in statutes or constitutions.
Why it matters. Petermann created the public-policy exception that has since spread to nearly every state — wrongful discharge in violation of public policy.
Petermann：公共政策例外之開端 — 因拒絕作偽證而解僱違反公共政策。
Common Mistakes · what trips students
✗ at-will = no protection。
✓ Public policy + implied contract + statutes (Title VII, ADA, ADEA) still protect.
公共政策 + 默示合約 + 法定保護仍適用。
✗ handbook disclaimer 永不可拒。
✓ Even disclaimers may not defeat oral or course-of-dealing implied terms.
否定條款不必然敗訴。
✗ constructive discharge 須 employer intent。
✓ Most courts: objective unreasonableness suffices.
客觀標準即可。
Mini IRAC · build the Application
Issue. May P sue for wrongful discharge when P was fired for reporting D's illegal dumping of toxic waste to the EPA?
Rule. Under the public-policy exception to at-will employment, an employer may not terminate an employee for engaging in conduct that public policy clearly protects, including whistleblowing on illegal activity.
Application (model). P was fired for reporting illegal toxic-waste dumping to the EPA. Because the public-policy exception bars terminations that contravene clear public policy, including environmental whistleblowing protected by statute, the fact that P engaged in protected whistleblowing conduct and was fired in retaliation means P falls within the public-policy exception.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P may sue for wrongful discharge in violation of public policy.
MBE Check · multiple choice
E's handbook states: "Employees will only be terminated for cause after a written warning." The handbook has no disclaimer. E is fired without warning or cause. May E sue?
Mini Essay · write the Application paragraph
Facts. E worked for D Corp for 15 years without written contract. E refused D's order to commit tax fraud by falsifying expense reports. D fired E the next day, citing "performance issues" never documented. E's coworkers heard D say to E: "You're done because you wouldn't play ball."
Call. May E sue D for wrongful discharge?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: