Exceptions to At-Will Employment

We have seen that promissory estoppel can be one exception to the at-will rule, but there are other exceptions. An implied-in-fact contract is one in which an agreement to be legally bound is implied from the circumstances, albeit without any clear oral or written communication between the parties. Another theory provides that promises can create binding contractual protections. Most often, employees argue that their relationship has been transformed by a promise or other set of behaviors into one in which a worker may be terminated only for just cause.

Many of these theories arose at a time when employees worked at a single company for decades. But these long-term relationships are increasingly rare. Employees increasingly move more often, and do not work in environments with rigid hierarchies. Are these rules justified in a more complex, fluid workplace, and how might their application change?