Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 24
  1. #1
    Join Date
    Jul 2007
    Posts
    492

    Default Legal theory and politics: At-will employment doctrine.

    Legal theory and politics: At-will employment doctrine.

    I am providing a simple understanding of at-will employment doctrine for ease of discussion.

    At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

    any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1]

    Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee.

    Although at-will employment allows an employee to quit for no reason, the rule that either party can terminate the relationship is most often invoked when an employer wants to fire an employee at any time. Since this practice virtually eliminates job security, it can create an atmosphere of fear that may contribute to workplace bullying. However, there are limitations upon the employer's ability to terminate without reason. As a means of downsizing, say closing an unprofitable factory, a company may fire employees en masse."

    Source: http://en.wikipedia.org/wiki/At-will
    If any state claims to comply with at-will employment doctrine; and the private sector of that state complies with the rule of those laws; should it be legal for any companies (e.g. Temp agencies) to refuse to hire someone based on previous discharge; and if so, how long should they be able to deny employment to a previously discharged person (especially, if it can result in the perception of blacklisting a person, contrary to the rule of those laws)?

    I use temp agencies in this example because they have the least incentive to black list anyone, given that temporary work is more, at-will, that most forms of regular employment.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Legal theory and politics: At-will employment doctrine.

    Didn't we already go through this a couple of time?

  3. #3
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal theory and politics: At-will employment doctrine.

    It was a different topic, concerning forms of at-will (un)employment compensation.

    This topic merely deals with, forms of lack of compliance, with at-will employment doctrine as stated in the quote; when dealing with private sector business ventures that have the least incentive to engage in what may be perceived as forms of black listing.

  4. #4
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal theory and politics: At-will employment doctrine.

    I am of the opinion that employers should not be able to permanently ban anyone, hired via at-will employment doctrine, ceteris paribus.

    As a check and balance of rights between the employer and employee; I think the employer should only have recourse to banning someone from employment, from that specific company, for a specified length of time.

    The caveat (for the employer) should be that of stating a specific length of time; and by implication the specific length of employment.

    As an example, a two year ban on employment with that employer (should the employment not work out) should require (the equivalent of) a two year employment obligation; if, and only if, they want recourse to a two year ban on any specific individual.

  5. #5
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Legal theory and politics: At-will employment doctrine.

    Quote Quoting danielpalos
    View Post
    I am of the opinion that employers should not be able to permanently ban anyone, hired via at-will employment doctrine, ceteris paribus.

    As a check and balance of rights between the employer and employee; I think the employer should only have recourse to banning someone from employment, from that specific company, for a specified length of time.

    The caveat (for the employer) should be that of stating a specific length of time; and by implication the specific length of employment.

    As an example, a two year ban on employment with that employer (should the employment not work out) should require (the equivalent of) a two year employment obligation; if, and only if, they want recourse to a two year ban on any specific individual.
    So, say an employee embezzles money from the company. Are you saying that after a specified time, that everything should be forgiven and forgotten?

    Come on. So, a friend of yours beats up your wife. After 2 years, you are willing to invite him back into your home for a family dinner?

    What a maroon.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,206

    Default Re: Legal theory and politics: At-will employment doctrine.

    I am of the opinion that employers should not be able to permanently ban anyone, hired via at-will employment doctrine, ceteris paribus.

    I am of the opinion that you are an idiot.

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Legal theory and politics: At-will employment doctrine.

    Quote Quoting cbg
    View Post
    I am of the opinion that employers should not be able to permanently ban anyone, hired via at-will employment doctrine, ceteris paribus.

    I am of the opinion that you are an idiot.
    No. His disruptive posts are intentional. Somebody just having some fun with us.

  8. #8
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal theory and politics: At-will employment doctrine.

    Quote Quoting jojo4
    View Post
    So, say an employee embezzles money from the company. Are you saying that after a specified time, that everything should be forgiven and forgotten?

    Come on. So, a friend of yours beats up your wife. After 2 years, you are willing to invite him back into your home for a family dinner?

    What a maroon.
    What I am saying, is that insurance companies deal with that all the time. It would be in an employees best interest to refrain from forms of privateering, that are not conducive their fiduciary responsibility, or their employers private profit motive.

    In any event, how does your reductio ad absurdum, relate to at-will employment? I know of no anecdotal evidence that such forms of employment exist.

  9. #9
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal theory and politics: At-will employment doctrine.

    Quote Quoting cbg
    View Post
    I am of the opinion that employers should not be able to permanently ban anyone, hired via at-will employment doctrine, ceteris paribus.

    I am of the opinion that you are an idiot.
    You are always welcome to your opinion; especially, when you have no logic and reason to offer to this discussion.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Legal theory and politics: At-will employment doctrine.

    And so it ends.

    Daniel, if you want these threads to remain open, you need to (a) not take the bait, and (b) not flame-bait yourself.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Legal Theory And Politics: Nullification And States' Rights
    By danielpalos in forum Debate the Issues
    Replies: 159
    Last Post: 04-25-2008, 09:23 PM
  2. Legal Theory And Politics: Is Dan A Virgin?
    By blueeagle in forum Banter
    Replies: 2
    Last Post: 04-18-2008, 01:59 AM
  3. Legal theory and politics: The Militia and States Rights.
    By danielpalos in forum Debate the Issues
    Replies: 55
    Last Post: 09-24-2007, 09:51 AM
  4. Legal theory and politics: The HSA
    By danielpalos in forum Debate the Issues
    Replies: 19
    Last Post: 08-23-2007, 06:34 PM
  5. Unemployment Benefits: Legal Theory and Politics: At-Will Unemployment Compensation
    By danielpalos in forum Employment and Labor
    Replies: 43
    Last Post: 08-02-2007, 12:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources