Question

Think about the "game" of business. If you didn't know your status (e.g. employer, employee, CEO, customer, etc.), what employment "rules" would be in your rational self-interest to agree to? Does employment-at-will pass that test?

Answer 1

If an individual doesn’t have an idea about his status, then he might choose the employment rules which can be flexible and can be bent to facilitate him in each and every kind of situation.

Employment at-will is the policy which states that the company or the employer can terminate any employee at any time if the employee was hired with employment at will clause. The termination will have no specific reason or warning, stated by the employer. On similar lines, the employee will also have the same rights and will have the privilege to quit the company any time without stating any specific reason for the same, and without serving any notice period.

In my views, employment at will can partially pass the test of the above-mentioned employment rule. This is so because employment at-will has discretion of both employer as well as employee. If the employee wants to be in certain job, but the employer wants to fire him, then in that case, as per employment at-will, the employer has full rights to terminate his job. So, the employee’s discretion will not be applicable.