The Demise of "Employment at Will"

The formerly universal notion that employers could hire and fire whomever they wanted, whenever they wanted is rapidly eroding. While laws differ from state to state, most employers must show a clear and just cause for dismissal or even failure to hire. Employee initiated lawsuits for wrongful discharge are even more common than those for negligent hiring.

One study showed that claimants win two-thirds of all cases that go to trial, with an average jury award of over $600,000. Careful pre-employment screening will reduce the risk of wrongful discharge problems.