At-will employment

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At-will jobs are terms used in US employment laws for contractual relationships in which an employee may be dismissed by the employer for any reason (ie, without having to specify "merely grounds" for termination) and without warning, as long as the reason is not illegal (eg shooting because of race or employee religion). When an employee is recognized as an "on the job" employee, the court rejects an employee claim claim for damages resulting from the dismissal. The rule is justified by its supporters on the grounds that an employee may be equally entitled to leave his job without cause or warning. On the contrary, this practice is seen as unfair by those who view employment as marked by inequal bargaining power.

Gradual employment became the default rule under general law of employment contracts in most US states during the late nineteenth century, and endorsed by the US Supreme Court during the Lochner era when members of the US judiciary consciously sought preventing government regulations on the labor market. During the 20th century, many countries modified the rule by adding an increase in the number of exceptions, or by altering the default expectation in the contract of employment altogether. In the workplace with recognized unions for the purpose of collective bargaining, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "fair cause." Otherwise, subject to legal rights (especially the prohibition of discrimination under the Civil Rights Act), most countries adhere to the general principle that employers and employees may contract the protection of their dismissal. Employment will remain controversial, and remains a major topic of debate in legal and economic studies, especially with regard to macroeconomic efficiency allowing employers to briefly and arbitrarily terminate employees.

Video At-will employment

Definisi

The work is generally described as follows: "every recruitment is considered 'as desired'; that is, free employers free individuals for good cause, or cause bad, or no cause at all, 'and employees are equally free to quit, strike, or quit work. "In a October 2000 decision largely reaffirmed the rights of entrepreneurs under the doctrine of at-will, the California Supreme Court explained:

[A] n the employer may terminate his employee at will, for any reason or otherwise... the employer may act decisively, arbitrarily or inconsistently, without providing special protection such as prior warnings, fair procedures, objective evaluations, or special assignment. The existence of the employment relationship is merely hopeless, can be protected by law, that work will continue, or will terminate only under certain conditions unless the parties have actually adopted the provisions.

Disclaimer of work in the workplace is the subject of an employee handbook in the United States. It is common for employers to determine what it means to work, will explain that the employee's at-will status can not be changed except in the writings signed by the company president (or chief executive), and requires employees to sign their acknowledgment or at-will status. However, the National Labor Relations Board has opposed unlawful practices including in the language of the release of responsibilities stating that the nature of at-will work can not be altered without the written approval of senior management.

Maps At-will employment

History

The original common law rules for employee dismissal by William Blackstone illustrate that, unless there are other approved practices, employees will be deemed to be employed for a fixed period of one year. During the 19th century, most states in the North adhered to the rule that the period in which an employee is paid (a week, a month or a year) determines the period of notice to be given before the dismissal is effective. For example, in 1870 in Massachusetts, Tatterson v. Suffolk Mfg Co states that the recruitment period of employees dictates the default notification period. By contrast, in Tennessee, a court declared in 1884 that an employer should be allowed to fire all workers, or a number of workers, for any reason. Individuals, or collective agreements, in accordance with the general doctrine of freedom of contract may always specify that an employee may only be dismissed for good reason, or "just a reason", or that the employee's representative will have an opinion as to whether dismissal should apply. However, the typical 19th-century worker position means that this is rare.

The practice will usually be traced to a treatise published by Horace Gray Wood in 1877, called the Master and Servant . Wood quotes four US cases as an authority for his administration that when recruitment is unlimited, the burden of proof is on the servant to prove that unlimited employment is for one year. In Toussaint v. Blue Cross & amp; Blue Shield of Michigan , the Court noted that "Wood's rule is quickly cited as an authority for other propositions." Wood, however, misinterpreted two cases which in fact show that in Massachusetts and Michigan, at least, the rule is that employees should have notice before dismissal in accordance with their contract period.

In New York, the first case to adopt Wood's rule was Martin v New York Life Ins Co. in 1895. Bartlett J confirmed that New York law now follows Wood's treatise, which means that an employee who receives $ 10,000 , paid in salary for more than a year, can be immediately terminated. This case does not refer to the previous authority. Four years earlier, in 1891, Adams v Fitzpatrick had stated that New York law follows a common practice that requires a notice similar to the payment period. However, subsequent New York cases continue to follow the rules of at-will into the early 20th century.

Some courts see regulations that require employees to prove strict contracts for a specified period of time to retain actions based on work stoppages. It was born a placement rule in the United States, which allows for the release of no reason. This rule is adopted by all US states. In 1959, the first judicial exception to the at-will rule was made by one of the California Court of Appeals. Then, in the case of a 1980 landmark involving ARCO, the California Supreme Court ratified the rules first articulated by the Court of Appeals. Civilian actions generated by employees are now known in California as the Tameny action for incorrect termination in public policy violations.

Since 1959, a number of general laws and legal exclusions for work have been made.

The common law protects the employee from retaliation if the employee does not obey an employer on the grounds that the employer orders him to do something illegal or immoral. However, in most cases, the burden of proof remains on the employee who is dismissed. There is no US state, but Montana has chosen to change the labor laws officially. In 1987, the Montana legislature passed the false Discharge of the Employment Act (WDEA). WDEA is unique in that regard, although it is intended to preserve the concept of at-will in the labor law, but also clearly mentions the legal basis for wrongful repatriation. Under WDEA, dismissal is wrong only if: "it is retaliation for an employee's refusal to violate public policy or to report a public policy violation; the exemption is not for good cause and the employee has completed the employer's probation period of employment, or the employer violates clear terms from its own written personnel policy. "

The doctrine of employment may be ruled out by a written contract or civil service law (in the case of government employees). As many as 34% of all US employees seem to enjoy the protection of some kind of "fair cause" or objectively reasonable terms for termination of employment that takes them out of pure "in-the-pure" categories, including 7.5% of the private sector employee unions, 0.8% non-union private sector workers protected by union contracts, 15% non-union private sector workers with individual express contracts that override the at-will doctrine, and 16% of the total workforce enjoying the protection of public servants as employees the public sector.

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Public policy exclusions

Under the exclusion of public policy, employers should not fire an employee if it would violate the state or federal public policy doctrine or state or federal law.

This includes retaliation against employees for acting in accordance with public policy (such as repeatedly warning that employers send spare parts of defective planes violating safety rules announced under the Federal Aviation Act of 1958), and refusing to take any action that will violate public policy. In this diagram, the pink states have 'exceptions', which protect employees.

In October 2000, forty-two US states and the District of Columbia recognized public policy as an exception to the rules of at-will.

The eight states that have no exceptions are:

• Alabama
• Georgia
• Louisiana
• Maine
• Nebraska
• New York
• Rhode Island
• Florida - three limited provisions can override the at-will agreement

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The implied contract exemption

Thirty-six US states (and the District of Columbia) also recognize implied contracts as exceptions to in-service jobs. Under an implied contractual exception, an employer may not fire an employee "when an implied contract is established between the employer and the employee, even though there is no written and written instrument concerning the existing employment relationship." Proving implied contract terms is often difficult, and the burden of proof is on fired employees. An implied work contract is most commonly found when a company's employee policy or manual shows that an employee will not be dismissed except for a good cause or determines the dismissal process. If the employer discharges the employee by breaching an implied employment contract, the employer may be held liable for breach of contract.

Tiga puluh enam negara bagian AS memiliki pengecualian kontrak tersirat. Keempat belas negara tidak memiliki pengecualian seperti itu:

• Arizona
• Delaware
• Florida
• Georgia
• Indiana
• Louisiana
• Massachusetts
• Missouri
• Montana
• Carolina Utara
• Pennsylvania
• Rhode Island
• Texas
• Virginia

The theory of implied contracts to avoid work in-will have to be treated with caution. In 2006, the Texas Civil Appellate Court in Matagorda District Hospital District v. Burwell states that the provisions in the employee handbook that the dismissal may be for the purpose, and require employee records to determine the reason for termination of employment. , does not alter the work of the desired employee. The New York Court of Appeal, the state's supreme court, also rejected the theory of implied contracts to avoid employment at will. In Anthony Lobosco, Appellant v. The New York/NYNEX Telephone Company, the Respondent , the court reiterates the applicable rules that employees can not keep an action for a false repatriation in which state legislation does not recognize erroneous dismissal errors, or exceptions for dismissal in violation of policies public, and employee employee disclaimer explicit employees maintain an on-going employment relationship. And in the same decree of 2000 mentioned above, the California Supreme Court has stated that long and successful employment, on its own, is not evidence in and of itself about the implied-in-fact contract to not terminate except for the cause..

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Good faith agreement and fair transaction exclusions (alias "implied" contract)

Eleven US states have acknowledged the breach of the implied agreement of good faith and a fair agreement as an exception to the work to be done. State is:

• Alabama
• Alaska
• Arizona
• California
• Delaware
• Idaho
• Massachusetts
• Montana
• Nevada
• Utah
• Wyoming

The court's interpretation of this varies from requiring "only reason" to refuse termination made for malicious reasons, such as terminating long-term employees solely in order to avoid the obligation to pay employees' unpaid employee benefits. Other court decisions have rejected an exception, stating that it is too burdensome for the court to determine the employee's true motivation to terminate an employee.

Legal exception

While all U.S. states have a number of legal protections for employees, most of the incorrect termination claims caused by lawsuits use federal anti-discrimination laws that prohibit firing or denial of hiring employees due to race, color, religion, gender, national origin, age, or status of disability. Other reasons that may not be employed by employers to dismiss employees who are willing to work are:

• for refusing to commit illegal acts - An employer is not allowed to dismiss employees because the employee refuses to commit an illegal act.
• family or medical leave - federal law allows most employees to take leave for certain family or medical issues. An employer is not allowed to dismiss employees who take family or medical leave for reasons outlined in the Family and Medical Leave Act of 1993.
• in retaliation for employees for actions protected by employees - "protected action" including demanding for incorrect disconnection, testifying as a witness in the case of a wrongful termination, or even against what they believe, whether they can prove it or not , became the wrong discrimination. In the federal case Ross v. Vanguard , Raymond Ross sued his boss for firing him for alleged racial discrimination.

Examples of federal statutes include:

• Equal Pay Act of 1963 (relating to sex-based discrimination in wage payment);
• Title VII of the Civil Rights Act of 1964 (relating to discrimination on the basis of race, color, religion, sex, or national origin);
• Age Discrimination in the Employment Act of 1967 (related to certain age-based discrimination with respect to persons at least 40 years of age);
• Rehabilitation Act of 1973 (related to certain discrimination on the basis of disability status);
• Americans with Disabilities Act of 1990 (related to certain discrimination on the basis of disabled status).
• The National Labor Relations Act provides protection to employees who wish to join or form unions and those involved in trade union activities. It also protects the employees involved in "joint activities." Most entrepreneurs establish their workplace rules and policies in an employee handbook. The general provision in the handbook is a statement that working with an employer is "on-going." In 2012, the National Labor Relations Board, the federal administrative agency responsible for enforcing the National Labor Relations Act (NLRA), instituted two cases that attacked worker rejection in the workplace in an employee handbook. The NLRB challenges large-scale disclaimers, alleging that such statements improperly state that employees can not act together to try to change the nature of their work of at-will, and thereby undermine the rights of protected employees under the NLRA.

Controversy

The doctrine of employment will be criticized all-out because of the harshness of employees. It has also been criticized for being based on false assumptions about the distribution of forces and information inherent in employee-employee relations. On the other hand, conservative scholars in the fields of law and economics such as Professor Richard A. Epstein and Richard Posner work as a credit will as a major factor underlying the strength of the US economy.

Work at work has also been identified as the reason for the success of Silicon Valley as an entrepreneurial environment.

In a 2009 article that examines academic literature from US and international sources, University of Virginia law professor J.H. Verkerke explains that "although everyone agrees that raising the cost of firing should necessarily deter both new releases and hiring, the predictions for all other variables largely depend on model structure and assumptions about important parameters." The effect of raising the cost of combustion is generally accepted in mainstream economics (especially neoclassical economics); for example, professors Tyler Cowen and Alex Tabarrok explain in their macroeconomic textbook that employers are becoming more reluctant to hire employees if they are unsure of their ability to immediately fire them.

The first major empirical study of the impact of an exception to work that would appear was published in 1992 by James N. Dertouzos and Lynn A. Karoly of the RAND Corporation, which found that recognition of tort exceptions at the time would lead to up to 2.9% aggregate and recognition of contract exclusions may lead to an additional decrease of 1.8%. According to Verkerke, RAND's paper received "considerable attention and publicity." Indeed, it is well cited in a 2010 book published by the libertarian Cato Institute.

However, a 2000 paper by Thomas Miles found no effect on aggregate work but found that adopting implied contract exclusions led to temporary use of temporary employment increased by 15%. Then working by David Autor in the mid-2000s identified several shortcomings in Miles's methodology, found that implied contract exclusions reduced aggregate employment by 0.8-1.6%, and confirmed the outsourcing phenomenon identified by Miles, but also found that tort exceptions for -would have no statistically significant effect. Autor and colleagues later found in 2007 that the exclusion of good faith did reduce workflow, and seemed to cause labor productivity to increase but total factor productivity declined. In other words, employers are forced to look for "good faith" reasons to fire employees who tend to automate operations to avoid hiring new employees, but also have an impact on total productivity due to increased difficulty in dismissing unproductive employees.

Other researchers have found that exceptions will have a negative effect on reemployment of discontinued workers who have not found a replacement job, while their opponents, citing research that says "job security has a great negative effect on work rates," argue that hedonic regression on exclusion will show great negative effects on the well-being of individuals with respect to home values, rent, and wages

See also

• Rights Rights Act 1996, for the British approach to job protection. See also, Contracts of Employment Act 1963, for the first modern British law on the requirement to provide reasonable notice prior to dismissal.
• Creen v Wright (1875-76) LR 1 CPD 591 and Hill v C Parsons & amp; Co [1972] 1 Ch 305
• Employment agencies
• Integrated protected activity
• European Social Charter
• British agency's employment law
• Worker Adjustment and Trainer Adjustment Act (WARNING Act)
• Bammert v. Don's Super Valu, Inc. , 646 N.W.2d 365 (Wis. 2002)

Note

References

• CW Summers, 'Employment Contracts and Individual Employees' Rights: Fair Representation and Employment in Will' (1984) 52 (6) Fordham Law Review 1082

External links

This article incorporates public domain material from United States Government documents "Employment documentation: Doctrine: three main exceptions" by Charles J. Muhl, US Bureau of Labor Statistics. Accessed on February 6, 2010.

• Highstone v. Westin Engineering, Inc. , No. 98-1548 (8/9/99) - an at-will relationship must be clear to employees

Who is protected by law?

Source of the article : Wikipedia