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    Should the "Employment At Will" Doctrine Be Eliminated?

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    Post by Jason B. Mon Feb 07, 2011 3:07 am

    The 'employment at will' doctrine in the workplace, has vastly shifted the balance of power, in favor of the employer. Even if an employer is clearly discriminatory in their hiring and firing practices, the 'employment at will' statute, lets the employer get away with discrimination.

    In today's job market, where it's so hard to get (and keep) a job, isn't it time that the 'employment at will' rule, be eliminated in the workplace? Don't employees, especially these days, deserve more workplace empowerment??
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    Post by Supernova Mon Feb 07, 2011 3:13 am

    I say...YES. soap box
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    Post by MarQ-Boogie Mon Feb 07, 2011 3:14 am

    I believe this law needs to be eliminated as soon as possible.

    It is not fair to the employees at all.

    This law only favors the employer and if they (the employer) feel they don't need you they can "create" a reason to let you go- and then let you go.

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    Post by RobbieFTW Mon Feb 07, 2011 10:29 am

    In a word, yup. The "employment at will" scam should be abolished. Completely unfair and in the hands of the wrong asshole employer, is dangerous. There's little enough protection for workers as it is. If management doesnt like ur style of walk, out you go!
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    Post by beechnut79 Wed Mar 02, 2011 12:17 pm

    I have been fighting this one for a while based on something that happened to me, and so far every lawyer I have spoken to has told me that I don't have a case. If we go no further, we need a system by which one who feels that he/she has been fired unfairly can get some recourse through arbitration.
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    Post by CeCe Wed Mar 02, 2011 12:25 pm

    Absolutely.
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    Post by TPP Wed Mar 02, 2011 12:54 pm

    I tend to agree with everyone here. I'm sure that there are people who think that getting rid of that law will make it HARDER to find a job though, because employers will not hire new people unless they absolutely have to, for fear of being sued if they have to let them go.
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    Post by Impact Thu Mar 03, 2011 2:52 am

    No question. "Employment at Will" pretty much allows an employers to cut a worker because they don't like their bumper sticker, or the color of their socks. This is livelihoods we're talking about here, if management wants to play "Eenie Meenie," it should be based on job performance and or professionalism.
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    Post by Alan Smithee Thu Mar 03, 2011 8:51 am

    As someone who's only ever been an employee, I'm going to play lawyer for the devil here. One of the principals of the "at will" doctrine is that employees (without a contract) have the right to leave a job anytime they choose. I'm betting that everyone who wants to abolish employer "at will" terminations are going to insist that they still have the right to leave a job if they want to. For any reason. Too bad if their employer has invested time and money in training them. In most states, employers are bound by at least one of three judicial exceptions to termination. Public policy exception, implied-contract exception, and covenant of good faith and fair dealing exception. Yes, people are fired for unfair reasons, at least to them, but I think a better solution would be a national policy, not just state by state, combining all three of the above exceptions.
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    Post by beechnut79 Fri Mar 04, 2011 1:45 pm

    What the last poster said is very true that "at will" does work both ways. Yet there is a huge difference between being fired and quitting a job voluntarily. If one quite his/her job then that person is probably keenly aware of finances, whereas if you're fired after you expect to be at a job a long time, then you can be up the proverbial creek without a paddle. What I would like to see is the "at will" doctrine at least modified to where one who feels he/she has been fired unfairly will have some recourse through independed arbitration. If found not guilty, the employer would not be require to reinstate said individual but could be liable for up to six weeks' severance pay.

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