미국법상 고용의 자유

In The 19th century The Common law of The United States defined employment without a formal contract setting a fixed term as an at will relationship.<BR> Employer could hire or dismiss employees for any reason, no reason, or even reasons which were morally reprehensible.<BR> This is The employment at will rule.<BR> The most significant employment law development in The last Quarter of The twentieth century has been The erosion of The employment at will rule and The recognition of a family of common law doctrines protecting individual employees against wrongful dismissal.<BR> Under These wrongful dismissal doctrines, terminated employees may be able to recover damages when They can show that Their terminations violated employer promises, jeopardized clear public policies, or, sometimes did not comport with good faith and fair dealing.<BR> These doctrines were virtually unknown before about 1970.<BR> Today three wrongful dismissal doctrines, more than a score of federal statutes, and scores of state statutes provide legal redress when employees can show that Their dismissals fit within The factual circumstances covered by The doctrines or The statutes.<BR> NeverTheless, The employment at will rule is not altogeTher dead.<BR> In no U.S. jurisdiction does The common law require private employers to demonstrate just cause for terminating an employee.<BR> The employment at will rule continues to provide a presumption, however circumscribed that a dismissal is legal.<BR> It is up to The dismissed employee to rebut that presumption by showing eiTher violation of a law wrongful doctrine or violation of a statute.