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10 Atl. L.J. 1 (2007)
Still Crazy after All These Years: The Employment at-Will Doctrine and Public Policy Exceptions

handle is hein.journals/atlanic10 and id is 11 raw text is: Still Crazy After All These Years: The Employment At-Will Doctrine and Public Policy Exceptions Michael A. Katz* I. Introduction The predicted demise of the employment at-will doctrine (doctrine) in the United States has been premature, but the present uncertainty surrounding public policy exceptions may pose employment law risks regarding employment stability, employee portability and business expansion and will likely eventually require federal legislative intervention. Over the years, various exceptions to the doctrine have been established by courts and legislatures. However, these exceptions vary greatly from state to state, and even in disputes and conflicts that appear to be appropriate for establishment of public policy exceptions, many courts remain reluctant to take the initiative and instead look to their State's legislatures for action. Federal courts are mandated to apply established state law so the dilemma is perpetuated by federal choice of law principles. These public policy exceptions have defined, but have not been the demise of the doctrine, and every court unanimously announces that the doctrine is firmly in place. These courts however, cannot agree on the kinds and nature of public policy exceptions to the doctrine. Thus federal intervention may be necessary to remove uncertainty surrounding conflicting public policy exceptions that may eventually impact employee mobility and business expansion in interstate commerce. The article consists of five parts. Part I is the introduction and sets forth the legal issue and its impact on employment relations. Part II gives a brief historical perspective and examines the current state of the employment at-will doctrine and its public policy exceptions. Part III examines the seminal public policy exceptions and their development and standing in federal and state courts. Part IV examines federal and state cases applying the doctrine in wrongful discharge actions where the plaintiffs raise public policy exceptions to termination under the doctrine. Part V is the conclusion and finds that ('ongress should create standard public policy exceptions or abolish the employment at-will doctrine. If the latter is the federal choice, Congress should also mandate that courts apply the covenant of good faith and fair dealing to resolve wrongful discharge claims alleging a violation of public policy.

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