Friday, November 11, 2011


In the United States, employment is generally considered to be "at will," in the absence of a contract between the employer and the employee or in the absence of a collective bargaining between a union and an employer. At-will employment generally means that an employer may end the employment at any time for most any reason. In other words, no "good cause" is required to fire an at-will employee.

What Employment at Will Means

As are many employees only after the fact, you might be surprised to learn in advance that U.S. employers may legally fire you for just about any reason, no reason or even an unfair reason. 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 most states consider employment to be "at will" in legal jargon.

In plain English, the Employment At-Will Doctrine means that employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee under the doctrine, you may quit your job whenever and for whatever reason you want, usually without consequence. In turn, at-will employers may terminate you whenever and for whatever reason they want, usually without consequence.

Either party may end the relationship without prior notice, but neither party may breach contracts. Employers cannot violate state or Federal laws, and generally cannot rightfully terminate employees who refuse to do something that is contrary to public policy and sound morality, such as breaking the law. But with these few exceptions aside, it's pretty much open season on employees year round.


ulx said...

we need a union. we should not have to depend on the generosity of our managers and employers. Managers and employers change and we should not have to suffer the whims and wishes of every new face that walks through. In a union, working together, we have legal rights - we have the dignity of having some legal control over our own destiny.
If we lose our wages or if our working conditions change, it affects our whole family. Shouldn't we have some say over that? Of course the work has to continue! Of course we'll sometimes have to work hours we don't like! Of course some things won't go our way! BUT we should be able to legally work towards a fair and equitable system - a system that makes our voices heard - a system that gives us some influence! Under the law there is only one way to ensure our collective influence - we must become unionized.

Joe Nuno said...

Today a FedEx dockworker of 23 years gets fired in SLG (Vernon California) He was fired because another employee went to management and told them that Sal Hernandez was telling the dockworkers to make sure they write up all exceptions and discrepancy when unloading trailers, so that managers have something to do! On Wednesday 11-09-11, Sal was ask to surrender his badge and keys and was escorted off FedEx property, until further notice. As he was being escorted off; he asks the manager who falsely accuse him of this hearsay. And that he had his rights to confront his accuser to prove him for his wrong doing. Manager’s reply was, he was not at liberty to say who it was, and that Sal had no representation of any kind to be allowed for this kind of Rights. Today Monday, Sal was ask to come in at 10:30 am, and was told he was terminated for misconducts!!! Sal has been standing up forhisRightsto form a union athis workplace, since 2006, and now FedEx has retaliated on him. If we had union representation, Sal would have had his Rights for a union steward to be present; Sal would have Rights to file a grievanceagainst FedEx for allowing hearsay. Without the Teamsters and no Union representation, WE ARE AT WILL EMPLOYEES…

Ramon said...

From an Abf Road driver .Just want to say thanks for letting me know i didnt have my back lights on .i was riding down the 210 freeway in so cal when this acurred .Looking forward to calling you my Teamster brother soon..Thanks again and happy holidays..