FACTOID # 53: If you thought Antarctica was inhospitable, think again - its land area is only ninety-eight percent ice. Reassuringly, the other 2% is categorised as "barren rock".
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > At will employment

In most common law jurisdictions of the United States, contracts of employment without a definite term of service (for example, those employment contracts that are not in writing or part of a collective bargaining agreement) are held to be "at will" which means that the employer may dismiss the employee at any time for any reason. This is in contrast to most other common law jurisdictions (for example, Canada and England) where employment for an indefinite term can only be terminated on "reasonable notice" or for "cause". As such, in many cases, an American employee can be fired immediately at any time for any reason. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Employment is a contract between two parties, one being the employer and the other being the employee. ... The Collective Bargaining Agreement (CBA) is the contract between the NHL and the NHLPA that defines the structure of procedural, financial, and disciplinary relationships between the NHL, its teams, and its players. ... Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area  - Total Ranked 1st UK 130,395 km² Population  - Total (2001)  - Density Ranked 1st UK 49,138,831 377/km² Religion...


However, since this doctrine was developed in the late 18th century, several developments have occurred in American law, both at the state and federal level, which restricted the rights of employers to terminate at will. For example, courts have generally limited the rights of employers to terminate for bad faith reasons, such as employees reporting their employer's misconduct to appropriate authorities. Anti-discrimination laws also have restricted the rights of employers to fire persons from identifiable groups, such as women or African-Americans, or persons who are disabled, or pregnant women. A state is an organized political community occupying a definite territory, having an organized government, and possessing internal and external sovereignty. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Bad Faith (often expressed by its Latin equivalent male fides) is a legal concept that can be found in many areas of the law. ... To discriminate is to make a distinction. ... Image of a woman on the Pioneer plaque sent to outer space. ... African Americans, also known as Afro-Americans or black Americans, are an ethnic group in the United States of America whose ancestors, usually in predominant part, were indigenous to Sub-Saharan and West Africa. ... The term disability, as it is applied to humans, refers to any condition that impedes the completion of daily tasks using traditional methods. ...


Moreover, although the doctrine of at-will employment has a lengthy history of precedent, recent research has shown that the original cases that held that at-will employment was allowable were based on an article that misstated previous cases on the subject. Although prior to the late 19th century case law on the subject is scarce, it appears what cases were decided followed the English practice of requiring reasonable notice.


Public policy issues

The doctrine is frequently supported by reference to anti-regulatory policy favoring the preference of business to be free from countermanding, particularly by judges or other legal bodies, when it terminates an employee. Exceptions to the doctrine have arisen because of the perception that society benefits from broad job security that comes only from requiring a bona fide reason for termination such as poor performance, misconduct, lack of work or lack of funds. Courts have cited the perception that termination of a long term employee for no reason is "harsh." Most union contracts, for example, require "for cause" termination, reflecting the value union members place on job security and to prevent intimidation against workers who choose to bargain collectively with their employers.



 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m