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Not sure if all states are at will
But a collective bargaining contract (union) would void that
OR doing your job well.....I live in an AT WILL state [Nevada]. I work for an AT WILL Company [no union, no contract, no nuttin]. I have done this for 21 years this coming April 29th. I have never once feared for my job because I WORK for the company.
All I would have gained by a UNION is to have a contract that my EMPLOYER would also have and make me abide by to the letter of the contract.
If employers can fire and hire without any reason, then what is the prupose of the ACLU? Why would most lawyers even bother?
Whats the point of having protected classes in these "at will" states? Most of the employers would lie and find a way to fire someone anyway.
A good question.....I have NEVER seen a lot of value in the ACLU. They are why we have people passing our porno literature on our streets. [peopla LOVE to badrap Las Vegas but it's the ACLU that does it.]
It's not in an employers best interest to fire someone "just for the hell of it" Firing and subsequent rehiring is extremely expensive.
YOU are your own best Union....if you don't like the job go to another one.
Even in an "at will" state an employer cannot violate federal anti-discrimination laws.
The term "at will" is usually used to mean that an employer does not have to show good cause or give due process to terminate an employee. As mentioned above, a union contract might provide an employee with due process rights she would not otherwise have and many government or civil service jobs have good cause or due process requirements for termination. These are exceptions to the "at will" doctrine of employment.
Even in an "at will" state an employer cannot violate federal anti-discrimination laws.
The term "at will" is usually used to mean that an employer does not have to show good cause or give due process to terminate an employee. As mentioned above, a union contract might provide an employee with due process rights she would not otherwise have and many government or civil service jobs have good cause or due process requirements for termination. These are exceptions to the "at will" doctrine of employment.
True but there are exceptions to everything.
My sister is a supervisor for a large factory that makes light bulbs. She had to fire a woman recently on orders from her boss. Problem? The woman had severe Bipolar. She simply refused to take her medication, came to work and said things like "...I wanna bust you in the f*cking mouth !!" "..I wish I had a gun with me and I would kill everyone !!".
My sister's boss got wind of the concerns from the other employees and my sister and her boss talked to this woman about the situation. They told her if she wanted to continue to work there, she has to control her anger and take her meds. The woman refused to correct the situation and she is out of a job.
Could she sue because her firing was due to her disabilty? Maybe but in this case, I doubt she would win.
My sister is a supervisor for a large factory that makes light bulbs. She had to fire a woman recently on orders from her boss. Problem? The woman had severe Bipolar. She simply refused to take her medication, came to work and said things like "...I wanna bust you in the f*cking mouth !!" "..I wish I had a gun with me and I would kill everyone !!".
My sister's boss got wind of the concerns from the other employees and my sister and her boss talked to this woman about the situation. They told her if she wanted to continue to work there, she has to control her anger and take her meds. The woman refused to correct the situation and she is out of a job.
Could she sue because her firing was due to her disabilty? Maybe but in this case, I doubt she would win.
The Americans with Disabilities Act prohibits discrimination based on disability, but the person has to show that she can do the job despite the disability. Most likely in the situation you described, the employer would respond that getting along with co-workers is an essential part of the job and she is unable to do it.
A classic ADA case is a situation where someone can do a job despite a disability if either the employer makes some accomodations (such as installing ramps for a wheel-chair bound employee) or a situation in which someone is perceived as being unable to do a job because of their disability when they really can do the job.
Even in an "at will" state an employer cannot violate federal anti-discrimination laws.
The term "at will" is usually used to mean that an employer does not have to show good cause or give due process to terminate an employee. As mentioned above, a union contract might provide an employee with due process rights she would not otherwise have and many government or civil service jobs have good cause or due process requirements for termination. These are exceptions to the "at will" doctrine of employment.
forgot to add something earlier...
If I am not mistaken, its against federal anti-discrimination laws to discrimate based on marriage and/or with children. Back in the 1940s and 1950s, it was common to see help wanted ads with "only married men need apply" attached to it. Today such practice is illegal.
However today most companies when it comes to hiring/firing, marriage isn't a factor however when it comes to senority among the staff it really is. Many businesses will NOT put someone who is married and/or with children on the "night shift".
The company I used to work for ( was there for 24 years ), every year I had to work on hoilidays including Christmas and Thanksgiving. Everytime I tried to get those days off I was denied becuase I wasn't married ( they told me this ), even though I had more senority than just about everyone there as far as time on job went, but because I wasn't married, that flew out the window. The company told me they have to give married folks first choice when it comes to getting time off because they are "family friendly".
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
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Quote:
Originally Posted by dynimagelv
A good question.....I have NEVER seen a lot of value in the ACLU. They are why we have people passing our porno literature on our streets. [peopla LOVE to badrap Las Vegas but it's the ACLU that does it.]
It's not in an employers best interest to fire someone "just for the hell of it" Firing and subsequent rehiring is extremely expensive.
YOU are your own best Union....if you don't like the job go to another one.
It isn't that I don't like my job. I love my job and have been doing it well for many years. But I have had bosses I could not stand. And I am not leaving a job I like doing that has good benefits and decent pay because of an A88hole boss! That is why I like being UNION. I don't have to take too much crap out of a boss that cannot even write a decent memo with correct grammar and spelling and one that treats people like 5 year old children and is often unfair. Doing things like trying to "steer" overtime work to his pet employees who kiss his ass and leave the rest of us out. I am not there to serve the boss or his inflated ego. I am there to work to the best I can and serve my customers who, after all, are paying my salary. I am of the opinion that all many managers are good for is gumming up things and costing money. I have had many good bosses but I have had a few bad ones too.
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