Question

Under what circumstances might the employment-at-will doctrine apply to the members of an LLC?

Answer 1

Employment at-will is an act that is practiced by most of the States in America, applying to the members of an LLC. It gives a scope to the employer to dismiss their employees who are basically working for them in contractual terms, without any need of justifying the reason for discharging them. I believe, it is unfair for the reason being it brings the inequality in the bargaining power in the employment relationship. Further, the employee is constantly exposed to the fear of being discharged at any point of time and thereby being unable to focus upon the work due to this uncertainty. Also, even if the employee contributes in the best possible manner, there would still be no assurance from the part of its employer that the employee will not be sacked without proper justification or notice period in advance. It therefore leaves the employee at a very vulnerable position and hence it is unfair.

The employer hence is not required to justify the cause of terminating the employee however, the circumstances or the reasons for termination should be legal and not violating the EEOC clauses too. The cause of termination could be good, bad or even none.