Employment at Will

Discussion in 'Labor & Employment' started by Kari Sims, May 23, 2019.

  1. Kari Sims

    Kari Sims Member

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    What organization established the employment at will clause in employment contracts? How does this clause work legally? Are law cases regarding the clause frequent?
    If an employee is fired for a debatable issue is the attempt of the fired employee to dispute the fire ignored because of the employment at will clause? If there is a point system within the place of employment, does that supersede the employment at will clause, or does it typically depend on the specific contact and it's provisions and ramifications therein for which takes precedence?
     
  2. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    I'm not specifically sure what you are getting at.

    It usually means that either party can choose to terminate employment, and is not bound to continue.

    This would not apply to workplace protection laws, of course. The debatable issue would have to be something like illegal discrimination or woman fired because she rejected the sexual advances of the employer.
     
    Last edited: May 24, 2019
  3. Gorgeous George

    Gorgeous George Well-Known Member

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    This is s prolix this issue.


    Things like number of employees an employer has, Americans with Disabilities Act, sexual harassment, civil rights, dangerous work environments, etc.

    If the employer is a charitable organization they are exempt from a lot of the normal labor laws, I have a friend who is in the process of suing a charitable organization for not providing a safe working environment. friend is a care giver and was constantly physically and mentally abused by a violent patient who took care of the patient for 2 years before finally requesting to give her a safe patient to care for.

    It's too long a story to tell but I hope you get my drift.
     
  4. MJ Davies

    MJ Davies Well-Known Member

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    Basically, an employer can fire an employee "at will" and an employee can resign "at will". In both cases, no reason has to be given. It becomes a bit more complicated once an employee has passed a probationary period.
     
  5. jay runner

    jay runner Banned

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