US and Australian Employment Laws Essay Example | Topics and Well Written Essays - 1250 words

US and Australian Employment Laws - Essay Example Today, the employment-at-will doctrine in the US is subject to the following exceptions: the public policy exception; the implied contract exception, and; the covenant-of-good faith exception. Table 1 shows that of the 50 states and the District of Columbia (D.C.), 43 recognise the public policy exception, 38 allow the implied contract exception, but only 11 states honor the covenant-of-good-faith exception. The public policy exception makes the termination of an employee wrongful despite the employment-at-will doctrine if such termination violates an express and well-established public policy. It is commonly held that public policy can be found on a state constitution, statute or administrative rule. In Petermann v International Brotherhood of Teamsters 174 Cal App.2d 184 (1959), an employee was summarily discharged after working for ten years with the Teamsters Union the day after he defied his superior’s order to make false statements in a legislative hearing investigating corruption in his workplace. (Muhl 2001) The Court declared the termination a wrongful discharge because it breached public policy, which covered acts that had a â€Å"tendency to be injurious to the public or against the public good† (Muhl 2001).On the other hand, the implied contract exception is attended by three elements: a promise of employment security by the employer; consideration or acceptance by the employee, and; the employer violated the promise (Peritt 2006).