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In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, [1] as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status).
Holmes compared counties close to the border between states with and without right-to-work laws, thereby holding constant an array of factors related to geography and climate. He found that the cumulative growth of employment in manufacturing in the right-to-work states was 26% greater than that in the non-right-to-work states. [34]
At-will employment is unique to the United States, as most countries require specific procedures for employment termination. At-will employment was considered common law in the United States prior to the nineteenth century as opposed to the standard employment law in England, which was the annual hiring rule or seasonal hiring.
In the United States, there is no single “wrongful termination” law. Rather there are several state and federal laws and court decisions that define this concept. In all U.S. states except Montana, [1] workers are considered by default to be at-will employees, meaning that they may be fired at any time without cause.
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Minimal government intervention has helped the United States create an at-will employment system that applies across many industries. Consequently, with limited exceptions, an employee's job security closely follows an employer's demand for their skills.
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In Bammert v.Don's Super Valu, Inc., 646 N.W.2d 365 (Wis. 2002), the Wisconsin Supreme Court was faced with "a single question of first-impression: can the public policy exception to the employment-at-will doctrine be invoked when an at-will employee is fired in retaliation for the actions of his or her non-employee spouse?"