“You’re Fired!” The Common Law Should Respond with the Refashioned Tort of Abusive Discharge

Source: William R. Corbett, Berkeley Journal of Employment and Labor Law, Vol. 41 no. 1, 2020
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From the abstract:
An at will prerogative without limits could be suffered only in an anarchy, and there not for long—it certainly cannot be suffered in a society such as ours without weakening the bond of counter balancing rights and obligations that holds such societies together. Thus, while there may be a right to terminate a contract at will for no reason, or for an arbitrary or irrational reason, there can be no right to terminate such a contract for an unlawful reason or purpose that contravenes public policy. A different interpretation would encourage and sanction lawlessness, which law by its very nature is designed to discourage and prevent.