미국법상 해고제한의 원리로서 계약이론

A limitation on the employ`s right to dismiss an employee, such ac a just cause standard for dismissal, can come explicitly from a promise or it can be implied in a contract that seems to promise unconditional employment for a period of time.<BR> Implying important terms of employment contracts has a long history. For example, formal contracts of employment, enforced in the heyday of the employment at will rule, could be terminated for just cause without the employ`s being liable. This employer`s privilege to terminate was implied by law. Implying a privilege to terminate for just cause was necessary to protect employers from being obligated to continue employment for life or otherwise for indefinite terms without being able to dismiss unless the employee breached the contract. The implied in fact contract doctrine similarly implies a term: a duty on the employer, limiting it`s power to dismiss.<BR> In considering the history of the employment at will rule, it is helpful to recall that contract law does not take all promises seriously: if you sue me for reneging on an invitation to come to dinner, it is unlikely you will recover. The employment at will rule reflected a policy judgment that informal promises of employment security should not be taken seriously by the law, unless the employee offered an indication that both parties meant for their to be enforced.