The United States is an employment “at-will” country. That means, absent a union contract, a boss can fire a worker for almost any, or even no reason, and without advance notice. Well—with the exception of Montana. As the state’s employment division explains: “Montana is not an ‘at-will’ state. . . generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.”
While Montana is the exception in the United States, the United States is the exception among developed capitalist economies. In those other countries, most workers can only be dismissed for “just cause,” with just cause statutorily or judicially defined. For example, German workers employed for more than six months by a company with more than ten workers cannot simply be dismissed. The company must have a valid business or personal conduct reason. Moreover, the company is also required to notify the employee in advance, and in writing, of their termination. Many employees also receive severance pay proportional to their length of employment.
So, how big a deal is employment at-will in the United States? According to the results of a recent survey by the National Employment Law Project (NELP), carried out by YouGov, more than two out of three workers who have been discharged received no reason or an unfair reason for their termination. Almost three out of four received no warning before discharge.Continue reading