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Unformatted text preview: At-Will EmploymentAt-will employmentis an employmentrelationship in which either party can terminate the employment relationship at-willwith no liability if there was not an express contract for a definite term governing the employment relationship. Although at-will employment allows an employee to quit for no reason it is most often invoked when an employerwants to fire an employeeat any time for any reason or no reason.At-will employment is a creation of U.S. law. Under English common law, an indefinite term of employment was presumed to be for one year. The at-will rule has its genesis in a rule in Horace Gay Woods 1877 treatise on master servant relations. Wood cited four U.S. cases as authority for his rule that when a hiring was indefinite the burden of proof was on the servant to prove that an indefinite employment term was for one year. In Toussaintthe Court noted Woods rule was quickly cited as authority for another proposition. Some courts saw the rule as requiring the employee to prove an express contract for a...
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This note was uploaded on 01/30/2011 for the course 620 300 taught by Professor Gordon during the Spring '10 term at Rutgers.
- Spring '10