an employee who legally used medical marijuana as part of hi

an employee who legally used medical marijuana as part of his cancer treatment, and there was no indication that he was ever under the influence while on duty. Yet his employer terminated his employment after he failed a routine drug test. The employer\'s defense was that Casius was an at-will employee, and the trial court and appeals court upheld the employer\'s action.

what do you think of the legal concept of employment at will? Is it a fair framework for employers and employees? (As a teaser, we will assess your impressions of employment-at-will at the end of the course. You may be surprised if your impressions change.)

Solution

A common law rule that an employment contract of indefinite duration can be terminated by either the employer or the employee at any time for any reason also known as terminable at will.

Traditionally, US employers have possessed right to discharge their employees at will for any reasom, be it good or bad. Employment at Will also means that employers can change the terms of employment unless employees are covered by any of the exceptions referenced below.

These exceptions provide legal protections for workers who are covered by state and federal law, collective bargaining agreements, contracts, public policy and other circumstances and situations where employee rights are protected.

At-will employment has grown increasingly more popular over time. This type of employment involves a great deal of flexibility for both the employer and the employee. It allows both parties to engage in a fair, comfortable work environment without any major commitments from either side. Employers, for example, can change the terms of an employment contract (such as wages, benefit plans, or paid time off allotments) without notice or consequence.

If you are employed at will, your employer does not need good cause to fire you, employers are free to adopt at-will employment policies, and many of them have. In fact, unless your employer gives some clear indication that it will only fire employees for good cause.

Employees do have rights when their job is terminated, including contract rights, company policy, and statutory rights provided by federal and state law. Both state and federal governments hold jurisdiction over at-will employees to protect them from all sorts of issues and/or possible reasons for termination.

Good Faith and Fair Dealing- another exception is known as implied covenant of good faith and fair dealing. In this case, employers cannot fire a person in order to avoid their duties, such as paying for healthcare, retirement, or commission-based work.