At Will Employment Law

Employment at will refers to employment practices that allow the employer and employees to terminate their employment at any given time. Company’s therefore can terminate an employee’s employment at any time for whatever reason or no reason at all. Richard Epstein favors employment at will and advocates for the principle. Epstein argues the proprietary rights, that employers have right to spend their money the way that they want. This means they have all control and decision making when exchanging money for certain labor. Epstein also mentions how employment of will acts as a freedom. For example, At will employment allows employees to freely choose to quit their job whenever they want as well as employers get to fire at anytime, therefore

An “at will” employee is an employee who agreed to a contract in which they can be fired at any time, for almost any reason. The law generally presumes that employees are employed at will unless they can prove otherwise.

Labor unions have existed in one way or another since the birth of our country in 1776. They were created in an effort to protect the working population from abuses such as sweatshops and unsafe working conditions. From the start of our Nation there were a few unions organized unions in a scattered fashion, but many were disbanded after they had achieved their goals, such as when the printers and shoemakers briefly unionized in Philadelphia and New York City in 1778 to conduct the first recorded strike for higher wages. Three years later in 1971 the first successful strike happened, when Philadelphia carpenters campaigned for a ten-hour workday. This caused the need for skilled and unskilled laborers to skyrocket during the Industrial Revolution and the Civil War and also got the ball rolling with Labor unions. At this point in our Country, there had been nothing done yet for workers’ rights, conditions, pay, and so on. People at this time saw that they could come together and do something to make their lives better for themselves and their families. Many of these dates were important in shaping our country’s labor policies into what they are today. In 1847 New Hampshire enacts as the first state to enforce a 10-hour workday law. In 1909 the International Ladies’ Garment workers’ Union calls a strike in New York, demanding a 20-percent raise and a 52-hour workweek. Within two days, more than 20,000 workers from 500 factories walk off the job. This largely successful uprising

The labor relations movement has been one of the most successful driving forces behind such efforts as: providing aid to workers who were injured or retired, better health benefits and to stop the practice of child labor in the workforce. Ostensibly, unions in the United States arose out of the need to better protect the “common interests” of laborers. Today, many of the social movements and alliances forged are created under the guise to better protect the employer from a plethora of interests made against the organization, rather than, increasing wages, improving reasonable employment hours and/or enhancing work conditions.

The employment At-Will doctrine is in place to allow employment relationships to be restricted. It allows employers and employees to terminate a relationship at any time without cause. The doctrine will allow employees to quit without any fear of being held liable for any inconvenience or disruption to the business at the time of quitting. This doctrine also allows employers to make any changes towards an employee’s term of employment (N, 2017). However, some exceptions could prevent an employee to make those changes if the employee is covered in that particular area. Doyle A

Opinion turned when working conditions directly contributed to the death of an employee. This employee had not felt well and requested some time to rest. The supervisor rejected his request and the employee subsequently died at his workplace. Following this incident, which clearly demonstrated the poor condition of their employment, many employees began to express an interest in the union. Until that point the workers did not feel that they had a chance of making a difference. The lack of education and management intimidation had their desired effect until they realized that unionization was their only opportunity for a better work environment. They took their chances and worked hard to unionize.

In labor as in all things there is strength in numbers it is this strength that American labor unions provide. Labor unions provide a collective voice for those who had not previously been heard. As the professor in the “Frustrated Labor Historian” Dr. Horace P. Karastan is left with the dilemma what are the three most important events in American labor union history it would be difficult to choose with so many important moments. There are however several events that stand out as being turning points in giving employees unquestionable protections. The Norris-LaGuardia Act of 1932 allowing employees the right to organize. Further the Wagner Act protecting employees from reprisal from employers for organizing spurring the growth of unionization. The Landrum-Griffin Act of 1959 building on the Wagner Act as well as the Taft-Hartley Act of 1947 which granted protections from the unions. It is these Acts that have changed the landscape of American labor union history and leave us with the unions that we have today.

The changes brought up labor unions in the United States over recent history has brought about a movement. This specific movement has shaped the way that employees and workers are treated in the workforce,and how they maintain their quality of life through this employment. Many people think that the labor unions’ influence has created a power struggle between management and union leaders. In many cases this can be considered true, as there have been countless feuds between management teams and labor unions, especially in recent history. In today’s times, on the one hand, some people believe the existence of unions are a necessity in order to ensure and promote employee freedom; while on the other hand some people view labor unions as just another problem in the line of employee success.

Maintaining strong employee relations is vital to the success of any business. Many of the Supreme Court cases in the textbook discuss collective bargaining and union participation. These cases were intriguing because they reiterate employees’ rights to express their opinions and join organizations designed to better their lives.

Unions first came about with the realization that workers were being treated unfairly, worked in

Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also

Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will

Employment at will is essentially a rule that strips employees and employers from their rights to due process when it comes to workplace termination. Under this principle employers may let any person go for any reason at any time during their employment with or without just cause. Your stature at the company, time worked, personal conduct; none of those things have to be taken into consideration if you are let go. This means that if an employee does not agree with their grounds for termination, they have no legal right to fight it in a court of law. Employment at will also allows employees to quit their job at any time, again regardless of having just reasoning or not. The only case where an employment at will principle would not apply is if an employee, when hired, signed a document that stipulates other specific terms and conditions regarding grounds for termination/quitting. An important thing to make note of is just as if an employee had signed a contract, they are made aware before being brought on full time, that they are an “at will” employee. These soon to be employees are voluntarily signing that they abide by what is defined in the employment at will principle.

Retaliation is when the federal and/or state laws prohibit employers from firing employees in retaliation for engaging in legally proper, necessary, or desirable activities. A list of protected activities include argue of minimum wage or overtime pay, participating in union activities, refusing to do or agree with any discriminatory practices, claiming work compensation, and whistle-blowing. Whistle-blowing, the majority of the states offer whistleblower safety for the public employees. Unfortunately employment protection for employees from the private sector employees is very limited (NCSL, 2013).

The relationship between unions and organization is a touchy one. Dating back to the start of unionization in the 19th century, the two bodies have held opposing viewpoints. Unionization was formed from the opinion that organizations took advantage of workers and some form of a negotiating agreement was needed. There were documented events of workers working long taxing hours for insignificant pay; no healthcare coverage; dangerous working conditions; and gender and or racial discrimination. Companies believed that unionization caused less productivity which endangered profits. Companies also believed that unions interfere in daily processes, and limits the employer’s say over compensation and benefits. The