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| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
| AT-WILL (LUF Note: Employment At-Will varies from state to state, if you have questions pertaining to the At-Will doctrine in your location invest age the applicable laws in the below link At-Will Employment State-by-State or consult with a Labor Attorney in your area for local laws and doctrine.) ************************************************** Employment at will: No contract = no civil service = no state law = no local ordinance = no binding handbook, can be fired for any reason or no reason as long as not unlawful or not in violation of public policy. *************************************************** Also see the following: Common Law / Employment Contracts and Agreements / Good Cause / Just Cause / Master-Servant / Employer Retaliation Wrongful Termination |
| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
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| (LUF Note: Even though this article is a classroom presentation it outlines At-Will very clearly, however a further investigation of presented material will be recommended to fully understand the At-Will doctrine.) * ** Class 3 --- Employment at Will An agreement means that the parties will treat each other fairly and that the agreement must follow the law. If one party to the agreement requires the party to violate the law in order to avoid termination of the agreement, then the termination violates the public policy established when the law was passed. For example, A North Carolina truck driver named Coman was fired from his non-union truck driving job. The employer said employment was "at-will" and the employer could terminate the agreement. Coman said that the real reason that he was fired is because he refused to falsify the trip logs. According to Coman the Company required him to drive more hours than allowed by the Motor Carrier Safety Regulations of U.S. DOT. North Carolina had adopted these regulations as part of the Motor Vehicle Code. When he refused to falsify the log and caused his employer trouble with the DMV, he was fired for trumped up reasons. Coman sued for his job back, back pay and other damages. The Superior Court judge dismissed the lawsuit saying that the employment at will doctrine applied and the employer could fire him, even for this reason. At-Will |
| (LUF Note: This link is designed to display current changes and existing laws on a state-by-state basses of the At-Will doctrine.) * *** ***** AT-WILL EMPLOYMENT State-By-State Disclosure This page is dedicated to bringing our readers up to date on state-by-state statutes regarding the at-will doctrine. It is customized to take you, the reader, to state sites designed to allow you access to current laws, and where possible; access to bills presently before assembly and legislature. Don't forget to read our stories involving at-will employment and constructive. At-Will Employment |
| (LUF Note: A very simple rendering, also shows connection to retaliation and wrongful discharge. Check it out.) * AT-WILL EMPLOYMENT - YOU WERE TOLD YOU WERE AND "AT-WILL" EMPLOYEE By Tim Willoughby Note? If you have a contract of employment, or are a union member or government worker, you might not be an "at-will" employee, no matter what the employer says, and you may need a lawyer's help to figure out your proper status. Whether or not your employment or the termination of your employment. In fact, sometimes "at-will" employees have more rights than those with contracts under certain laws. TimsLaw.com |
| (LUF Note: A good general rendering of the at-will doctrine by way of union employee, government employee and privet sector employee.) * *** I JUST GOT FIRED FROM MY JOB. CAN MY EMPLOYER FIRE ME FOR NO APPARENT REASON? In most states of the United States all employees are considered "at-will" employees. That means that the employer can terminate or change the employment relationship "at-will" unless there is a contract with the employer. In general, an employer can fire an "at-will" employee, or change the employee's position or compensation with no notice and no reason. Likewise, the employee can terminate his employment "at-will: without notice or reason. Free Advice |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation'. Feb. 11, 2003 By Anthony M. Streckfuss |
| (LUF Note: Another general rendition of at-will, however this article does bring out the need to know how employment manuals, company polices and verbal contracts can effect at-will if legal actions required.) * ** What Does Employment At Will Mean As are many employees only after the fact, you might be surprised to learn in advance the U.S. employers may legally fire you for just about any reason or barely any reason at all. That's partially because there are relatively few labor laws that protect workers from wrongful termination, and none that generally protect from workplace "unfairness" per se. But it's more so because many states consider employment to be "at will" in legal jargon. About.com |
| (LUF Note: In the laymen terms this is a very good article giving you legal cases proving a plaintiff's case against the employers published at-will doctrine.) * *** "AT-WILL" COMPANY SUED FOR WRONGFUL TERMINATION AFTER LAYOFF Courts often are reluctant to find a wrongful termination as a result of a layoff. Layoffs usually affect large numbers of people, thus appearing to be legitimate. A layoff of one person, however, looks suspicious, especially where the reason given for layoff keeps changing, and where the company does not follow its policies in implementing the layoff. Fair Measures |
| (LUF Note: This article is a must read for the employee, it gives an excellent insight of the employers ability to attempt to manipulate the at-will doctrine.) * ** An "At-Will" Disclaimer Alone Will Not Protect Your Company November 1992 Many employers have learned only through litigation that their"at-will" disclaimer is ineffective against employees' claims of wrongful termination. Although in California the general rule is that unless and employee is hired for a specific time period, the employment relationship is "at-will", there are so many exceptions that the rule is virtual nullity. For example, many employees have often been able to get around the at-will rule and win wrongful termination cases by claiming that they could only be terminated for "good cause" because of their employer's personnel practices and/or policies. Employment Law Reporter |
| (LUF Note: Another article that is short on words and long on legal cases that are sub linked to their sight. Would work well for a labor law student.) ** **** NEW ASSAULTS ON EMPLOYMENT-AT-WILL DOCTRINE APPROVED BY COURTS Washington (ELB 2001) - Courts continue to accept inventive new legal assaults on the employment-at-will doctrine. Several recent cases have addressed the theory that plaintiffs were wrongfully induced by misrepresentations to accept jobs that were not secure or advantageous. Because the job itself was "at-will", plaintiffs unable to sue for merely being dismissed have instead sued for being wrongfully misled about the conditions of the job offer or terms of employment. Schmeltzer, AptakerShepard |
| (LUF Note: Even though the article is employer heavy it does offer up excellent information the employee needs to understand their given positions to at-will and other forms of discharge and discrimination.) * Preventing Lawsuits for Wrongful Termination By Norman H. Kirshman Persons whose employment status is "at-will" and who: are not covered by an anti-discrimination statute; do not have an oral, written, expressed or implied contract; have not been terminated in violation of public policy; or were not terminated in violation of a whistle-blower statute, do not implicate a wrongful discharge problem. However, it is obvious by the description few if any employees will meet this criteria. FindLaw.com |
| (LUF Note: For the employee this article wakes up with a cup of coffee in its hand. This article brings it to the employee and takes it to the employer.) * Employment-At-Will So called "permanent" employment legally classified as EMPLOYMENT-AT-WILL. Legally this means that the employment contract can be terminated at any time by either party for any reason (more or less). In other words "permanent" employment is minute to minute (or second to second) and there is no contractual guarantee or implication of a long term relationship by either the employer or the employee. tempcity usa |
| (LUF Note: A direction pointer not much meat but leads to substance.) ** Protection For Private Sector Employee Whistleblowers: The most important development in whistleblower protection has been the creation of state causes of action for retaliatory discharge. National Whistleblower Cernter |
| (LUF Note: Highly recommend that the employee read and absorb as much as they can, written to help the employee and the employee's attorney.) * *** ***** HISTORY OF AT-WILL EMPLOYMENT LAW: Copyright 2000, By Ronald B. Stahndler During 1996 - 1999, I read many cases in which colleges dismissed professors for having academic standards that were higher than desired by the administration, dismissed professors over teaching styles or personality.... History of At-Will |
| * Employment At Will: The basic law in virtually all states is that an employer may dismiss at any time an employee who was hired for an indefinite period, for any reason or no reason, without incurring any liability to the employee. This general rule is often referred to as "employment at will".... Legal Point |
| (LUF Note: This author is simply great. I love his articles and I recommend all readers to go to their article index and keep on reading.) * "AT-WILL RULE EMPLOYMENT: By Ralph S. Curtis, At the recent call-in sponsored by the Bee, several callers I talked to, both employers and employees,... At Will Rule Employment |
| (LUF Note: simple and repeating the generalities of at-will and warnings to the employers.) * *** At-Will Employment: Turning back the Clock, As companies mull possible midyear layoffs in response to a slowing economy,.... At-Will Employment -CFO.com |
| (LUF Note: At-will with a Colorado State spin.) * *** EROSION OF THE DOCTRINE OF EMPLOYMENT AT-WILL: By G. Roger Bock, Esq.,. The foundation of Colorado employment law, the doctrine of employment at-will, is eroding away. It is the consequence of three recent decisions of the Colorado Supreme Court, which held in favor of individuals who had sued.... Frascona, Joiner, Goodman and Greenstein PC |
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| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but needs something more *** You will have to reread to follow **** This will puts you to sleep, dry boring ***** Time to go to college ************************************************* |