At-Will Employment

This week I had the opportunity to do some reading related to at-will employment – specifically as it relates to ethics in public administration. I was delighted to have an opportunity to read more specifically about this topic because it was something I knew very little about – but hear about on a regular basis at work. Until I began working at my current place of employment I am sure I had never heard the phrase “at-will employer.” I heard it thrown around – almost in a joking manor – not long after I started working. I heard others at the non-profit where I work say things like “well I can quit anytime I want to since they’re an at-will employer” or “I wouldn’t even have to work two weeks since they’re at-will.” Now, I don’t want to give the wrong impression – I work at a lovely place where hardly anyone ever quits! These conversations usually take place on Monday morning – or Tuesday morning after a long weekend – when no one really wants to be at work. I began to understand a little more about the phrase and meaning when I began to supervise others two years ago. As a supervisor I am responsible for things that typically come with a supervisory role. I have to do annual evaluations and also handle disciplinary matters when they arise. In instances where we have had to address issues with employees, I have heard other managers and directors talk about the importance of documenting things as they happen – but then at the same time make reference to the fact that “Georgia is an at-will state so that isn’t totally necessary.”

So – since most of what I knew and thought I understood about at-will employment has very little to do with the actual reasons for and history behind the concepts I was thankful for some better information.

I found the history of employment at-will doctrine to be interesting and helpful in fully understanding. Because my experience (and I would imagine my generation) I would never had made the connections between merit-based civil service and at-will employment. I do see how history and changes in culture and priorities have led to the role of a public employee being no different than others found in business.

The reading I did also emphasized applying the ethics triad to at-will employment. Considering how at-will employment doctrine might be viewed through three different ethical lenses shines new light on application, pros, and cons. When applying the triad one would consider results related to (1) a rules based approach, (2) a results based approach, and (3) virtue based ethics. It is important to consider the emphases of each of the three parts of the triad when thinking of pros and cons of at-will employment – as it is important when using the triad to consider any issue. Each of the three approaches holds arguments for and against at-will employment. The material I was reading suggests that even after considering all three pieces of the triad it is hard to see how an employment doctrine that can cause harm could be considered ethical. The lack of responsibility to the employee on the part of the employer places many things at risk.

In conclusion, this week I learned a great deal more about at-will employment doctrine but then end realize I have a great deal of learning left to do. I will spend some time reading and learning and asking others and trying to see how these ideas can be best applied – or ignored -  depending on my conclusions!