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Old 07-07-2019, 11:06 PM
 
Location: Ohio
178 posts, read 31,187 times
Reputation: 67

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Quote:
Originally Posted by Sockeye66 View Post
Default employment agreement is "at will", not contract. A small % of the private workforce work under contract and/or CBA.
In a strict legal sense, it is a contract. While entered into, both parties must follow law and duty. The crux is, that "Contract" can be abrogated by any party at any time, with or without cause (emphasis added).
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Old 07-08-2019, 12:28 PM
 
Location: Washington state
5,440 posts, read 2,764,764 times
Reputation: 16373
Quote:
Originally Posted by MidValleyDad View Post
Even then it depends on the fine print in the contract. Often there is a clause that says you agree that your hours can be cut based on needs of the company.
And that contract will usually demand you to agree to arbitration with someone the company picks if you have any issue with it.
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Old 07-08-2019, 12:54 PM
 
6,208 posts, read 2,868,513 times
Reputation: 15721
Quote:
Originally Posted by Sockeye66 View Post
Default employment agreement is "at will", not contract. A small % of the private workforce work under contract and/or CBA.
I see that you and oncnj went to the same school.
Here, lets learn something new today.

In its very basic language a contract - oral or written contains the following:
1: an offer ( gee lets pretend they Offered you a job or you offered your skills to them)
2: An acceptance ( hey! Both sides accepted the offer to be hired!)
( wow folks notice where this is leading?)
3: Consideration( hmmm this is where the little terms come into play, they offer you a pay or something of value , and you in return offer your valuable time or skill) By golly this is starting to look very much like a contract...but wait there is more!
4: competence and capacity: This is where both are legally of age or competent to engage in this contract. Of sound mind, understanding of the terms.
5: Mutual consent: Both parties or each entity agrees to the terms.
6: The legalities: Provided these terms are within the guidelines of any current laws ( such as you cannot contract to kill someone as that's against the laws) - But but wait! You CAN LEGALLY "at will" hire or fire someone....Yes dear reader that is part of the Terms each side "consents too"
7: Oral or written acknowledgement by both or all entities.

There, have we learned something today on WHAT entails a contract in its very basic form? Good because you both may now go about your lives stomping your feet saying 'at will"! At Will! and I will continue to prevail that employment is at the basic level a contract. where both sides fairly exchange an asset/ or task .
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Old 07-08-2019, 09:05 PM
 
Location: Ohio
178 posts, read 31,187 times
Reputation: 67
This is the 1st case, or one of them, that discusses the employment concept of the "implied covenant of good faith and fair dealing" concerning the termination of at will employees.

https://law.justia.com/cases/new-ham...74/6637-0.html
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Old Today, 04:26 PM
 
2,237 posts, read 651,143 times
Reputation: 1898
Quote:
Originally Posted by Nov3 View Post
I see that you and oncnj went to the same school.
Here, lets learn something new today....


There, have we learned something today on WHAT entails a contract in its very basic form? Good because you both may now go about your lives stomping your feet saying 'at will"! At Will! and I will continue to prevail that employment is at the basic level a contract. where both sides fairly exchange an asset/ or task .
Which, in states where the at-will employment doctrine exists, can be ended at any time for any reason by either the employee or the employer.

Is it a contract? Possibly, but one that is subject to termination at will by either party in all states where the at-will doctrine is followed.
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Old Today, 04:46 PM
 
18,887 posts, read 7,346,323 times
Reputation: 8072
Quote:
Originally Posted by felicitev21 View Post
Can my employer refuse to schedule their employees for more than 28 hours per week so that the company doesn't have to provide insurance benefits?

Yes.
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Old Today, 04:49 PM
 
Location: San Diego
35,199 posts, read 32,168,385 times
Reputation: 19749
Didn't this skyrocket under Obamacare?
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Old Today, 05:58 PM
 
3,090 posts, read 3,191,083 times
Reputation: 3695
Quote:
Originally Posted by 1AngryTaxPayer View Post
Didn't this skyrocket under Obamacare?

It has been going on for years. About 25 years ago reatil stores figured out that they could reduce benifits (and costs) by having more part time employees. It also gave them the flexibility to schedule workers more precisely (including split shifts in some cases. The labor market was such that employees had very little leverage to resist.
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