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These contrasting views confuse me. Is there recourse for termination of at-will employment or not? How can you prove a termination is unlawful when your employment can be terminated for no reason?
You're making it harder than it is.
Your employment can be legally terminated without a cause given.
Your employment cannot be legally terminated if they violate existing laws (contract, discrimination, whistle blower, etc).
Whether you can prove you have an unlawful termination is another issue. That's why employment law is a thriving practice.
I have been fired a couple of times in my career and in both times it was for not fitting in (It is not a good fit.) When I tried to get more information I got no where. There was no warning at all.
I have been fired a couple of times in my career and in both times it was for not fitting in (It is not a good fit.) When I tried to get more information I got no where. There was no warning at all.
Sorry that happened but, on the flip side, you can decide the company is not a good fit for you and quit without any warning or reason given as well.
You're making it harder than it is.
Your employment can be legally terminated without a cause given.
Your employment cannot be legally terminated if they violate existing laws (contract, discrimination, whistle blower, etc).
Whether you can prove you have an unlawful termination is another issue. That's why employment law is a thriving practice.
^^^This. They can fire you for no reason, or cause they just don't like you...they can't fire you because you're black or Jewish or female. In those cases, there needs to be a trail to connect the discrimination to the firing...a string of harassment based on color or sex, proof that being female or black or Jewish is the reason...if you can't prove religious discrimination or another type of illegal discrimination, you have no case.
Sorry that happened but, on the flip side, you can decide the company is not a good fit for you and quit without any warning or reason given as well.
But it's not really an equal relationship is it? The company will face no repercussions for firing an employee; yet the employee is totally dependent upon the employer for his/her life. Income = place to live, food to eat, car to drive to/from work.
There is a HUGE power imbalance and that is why the above argument is baseless.
At Will employment was a doctrine adopted to protect workers (employees). It gave you the employee the right to quit your job for whatever reason without having to tell why or get permission from your employer to leave. Just because employers have used it more openly to their benefit does not mean hundreds of employees are not also using it to their benefit everyday. When you see or hear of an employee who was fed up and said "That's it, I quit!" and they walk out, they are fully exercising their rights under At Will Employment.
So, if you want the employers to have to give you notice and reasons and explanations for dumping you, are you willing to do the same for your employer? I bet the answer is no, so get over it already.
But it's not really an equal relationship is it? The company will face no repercussions for firing an employee; yet the employee is totally dependent upon the employer for his/her life. Income = place to live, food to eat, car to drive to/from work.
There is a HUGE power imbalance and that is why the above argument is baseless.
You can argue the employer needs the employee to do the work to keep the business running otherwise why would they hire the employee in the first place. The employee is simply trading services for goods (money). Some companies can absorb that impact easier than others ... same goes for employees.
Employees leaving companies for greener pastures is pretty commonplace, don't you think?
You can argue the employer needs the employee to do the work to keep the business running otherwise why would they hire the employee in the first place. The employee is simply trading services for goods (money). Some companies can absorb that impact easier than others ... same goes for employees.
Employees leaving companies for greener pastures is pretty commonplace, don't you think?
Is it your position then that employer/employee have a completely equal relationship?
For instance - if an employee leaves - or ten - there are 10 willing people willing to take their place in a nanosecond.
IF an employee is fired - are there 10 employers lining up for every employee?
No.
Right to work is squarely in favor of the employer.
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