"At Will" Employment
By: Sid Kirchheimer Source: Date Posted:
Most workers in the
Yet certain exceptions to state laws, detailed below, benefit that endangered species, the clock-puncher:
Union members and others working under the provisions of a labor contract can be terminated only as that contract allows. In some cases, a company handbook or personnel code may effectively serve as a “contract” for non-union workers. In those instances, however, the company is usually savvy enough to have a disclaimer on file stipulating that company rules and procedures are just that—and that they do not serve as an employment contract.
If a plant or office closes and the resulting layoffs affect at least 75 employees, workers must be given a minimum of 60 days’ advance notice of their impending termination. If that notice is not given two months beforehand, the workers affected by the shutdown must be paid at least 60 days’ worth of severance pay—whether or not they are unionized, and whether or not they have a contract.
Federal employees are exempt from “at will” laws in cases where their termination would violate the United States Constitution or the constitution of the state in which they work. A federal worker’s rights to freedom of speech, association, and religion, for example, can be at issue when he or she is dismissed, as can his or her freedom from unlawful search and seizure.
From Scam-Proof Your Life:
preview