Vice-Principal
Introduction
The doctrine of employment-at-will emerged in the nineteenth century in the United States in a climate of unbridled, laissez-faire expansionism, social Darwinism, and rugged individualism. It is often referred to as Wood's Rule, named after Horace C. Wood, who articulated the doctrine in an 1877 treatise Master and Servant. No doubt the title of the treatise says all that need be said regarding Wood's view of employment relations and, unfortunately, the view shared by most of his legal contemporaries (Mauk, 1985).
According to Wood, an employee must be free to quit at any time, otherwise there is the possibility of involuntary servitude, which is prohibited in the Thirteenth Amendment to the U.S. Constitution. The doctrine of mutuality of obligations then required a symmetrical right of the employer to terminate the employee at any time.
At- Will Employment: Definition and Application
In its narrowest sense, the doctrine of at-will employment only speaks to when an......
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