Question

What is at will employment? Do you agree or disagree that it is good public policy that most people in California can be fired for any non-discriminatory reason? What do those employees get in return? How does contract law and collective bargaining affect at will employment? How does the ADA, or Americans with Disabilities Act, limit an employers ability to fire someone "at will?"

Answer 1

At-will employment refers to an employment condition where employer and employee have comparatively loose contract between them where each of them can back out of the employment at their will. This means that the employee can leave the job anytime and the employer could fire the employee at any time for any non-discriminatory purpose.

I think it is good public policy. This is because at will employment provides a level playing field for all parties concerned. The employers, and the employees all have almost similar stake and responsibility to maintain the relationship between them.

The employees may feel that their job is at more risk than through collective bargaining but there are certain advantages to this. The number of job turnover may increase but this also eventually stabilizes the overall labor market. The contract law and collective bargaining does not really apply to at will employment.

When someone is hired under the provisions of ADA, the employer needs to be extremely careful while firing the employee. This is because the discrimination, can be easily triggered even when there may not be an intention. Also the employer is supposed to make reasonable accommodation for the person with disability and if that does not happen then there may more grounds to suspect unfair treatment.