What are your views about at-will employment?
Cornell Law School defines at-will employment as “an employment agreement stating that employment is for an indefinite period of time and may be terminated either by employer or employee” for any reason as long as it does not violate the employment discrimination laws. (Employment-at-will doctrine, n.d., para. 1). Not only can employers terminate the employee, but they can also cut or modify the terms of employment such as benefit plans, wages, or schedules without notice or consequences. (Labitoria, 2021). The at-will employment term usually is included in the employment contract.
Many Americans enjoy at-will employment because they value their freedom and property rights. Thus, they are willing and continue to accept both pros and cons of the at-will employment system. However, the employers seem to have more advantages with this at-will employment term over the employee, who only has one option to quit the job with little or no notice.
Do you think labor laws need to be created to further cushion the impact of at-will employment upon the American worker?
As mentioned above, the employers also can change the term of employment “as long as it does not violate state and federal anti-discrimination laws.” (Labitoria, 2021, para. 4). This is an unfair practice to the employee. Therefore, the government should amend the labor laws only to allow both parties to terminate the employment under good cause and a minimum of 30 days’ notice. This clause enables both parties a chance to hire a new employee or find a new job with minimal disruption and impact on their operation or personal life. Moreover, employers cannot just change the employment terms whenever they want or simply cut costs. The employers should honor the employment contracts and terms that they initially entered. The employees are at a disadvantage when they are still require performing all originally listed duties and receive a pay cut.
Do you think it makes sense to expand the number of protected categories of workers in the workplace? Why or why not?
Suppose we expand the number of protected categories of workers in the workplace. In that case, we might as well vacate the at-will employment concept and mandate both parties adhere to specific labor rules or contracts. Hence, it does not make sense to expand the number of protected categories of workers in the workplace becuase the employment discrimination laws cover the following: (What is employment discrimination, n.d.)
Unfair treatment based on race, color, religion, sex, national origin, disability, age (40 and older), or genetic information
Harassment
Denial of a reasonable workplace change due to religious belief or disability
Improper questions about or disclosure of the employee’s genetic information or medical information
Retaliation against a complaint about job discrimination or assisted with an investigation or lawsuit.
Nevertheless, it is essential to train and help employees know their options and actions to take if they believe that their employers are wrongfully terminating them.
References:
At-will employment overview. (n.d.). National Conference of State Legislatures. Retrieved 31 May, 2022, from https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
Employment-at-will doctrine. (n.d.). Cornell Law School. Retrieved 31 May, 2022, from law.cornell.edu/wex/employment-at-will_doctrine
Labitoria, C. (2021, December 6). Human Resources Director. Retrieved 31 May, 2022, from https://www.hcamag.com/us/specialization/employment-law/at-will-employment-everything-you-need-to-know/318985
What is employment discrimination? (n.d.). U.S. Equal Employment Opportunity Commission. Retrieved 31 May, 2022, from https://www.eeoc.gov/youth/what-employment-discrimination
