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Common Law Exceptions to Employment at Will and U.S. Labor Markets


  • Miles, Thomas J


Employment relationships in the United States were historically governed by the common law doctrine of employment at will. Under this rule, parties to an employment relationship could, in the absence of an explicit contract, unilaterally terminate the match at any time, for any reason, and without penalty. In recent decades. numerous state courts have recognized "exceptions" to employment at will that limit the circumstances of worker dismissal. Using a panel of state labor market aggregates from 1965 to 1994, this article examines the effect of these exceptions on U.S. labor markets. These exceptions are seen to have no effect on aggregate employment nor unemployment. However, temporary employment is observed to increase by a statistically significant 15% following the adoption of an exception. The implied contract exception, in particular, appears to be responsible for this increase. Copyright 2000 by Oxford University Press.

Suggested Citation

  • Miles, Thomas J, 2000. "Common Law Exceptions to Employment at Will and U.S. Labor Markets," Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(1), pages 74-101, April.
  • Handle: RePEc:oup:jleorg:v:16:y:2000:i:1:p:74-101

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    References listed on IDEAS

    1. Olson, Mary, 1996. "Substitution in Regulatory Agencies: FDA Enforcement Alternatives," Journal of Law, Economics, and Organization, Oxford University Press, vol. 12(2), pages 376-407, October.
    2. repec:cup:apsrev:v:85:y:1991:i:01:p:115-136_17 is not listed on IDEAS
    3. repec:cup:apsrev:v:90:y:1996:i:02:p:283-302_20 is not listed on IDEAS
    4. Olson, Mary K, 1995. "Regulatory Agency Discretion among Competing Industries: Inside the FDA," Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(2), pages 379-405, October.
    5. Weingast, Barry R & Moran, Mark J, 1983. "Bureaucratic Discretion or Congressional Control? Regulatory Policymaking by the Federal Trade Commission," Journal of Political Economy, University of Chicago Press, vol. 91(5), pages 765-800, October.
    6. repec:cup:apsrev:v:79:y:1985:i:03:p:755-774_22 is not listed on IDEAS
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