This Note examines the extent to which courts should apply the public policy exception to abrogate the common-law right of an employer to terminate at will. Although some limits must be placed upon employers in order to protect those employees who lack adequate bargaining power, this Note proposes that the courts should strike a balance among the interests of the employer, the employee, and society. This balance can be achieved by limiting the public policy exception to those instances in which an employee is discharged in contravention of a legislatively articulated public policy. This approach would achieve equitable results since both employers and employees would be on notice of clearly defined reasons for which an employee absolutely may not bed is charged. Part II of this Note traces the development of the at will doctrine in this country. The next part discusses the judicially created public policy exception. Part IV examines the ramifications of the use of the public policy exception upon employers. Finally, in part V this Note proposes an approach that will accommodate the interests of both the employee and the employer.
Charles A. Brake, Jr.,
Limiting the Right to Terminate at Will -Have the Courts Forgotten the Employer?,
35 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol35/iss1/4