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No notice, no statutory severance, no mandated vacation — and simultaneously the world's most litigated workplaces. How US employment law actually works for international professionals.

#At-Will #Employment Law #Expat HR #Labor Law #usa

How insignificant would you feel if you learned last minute that a new "investor" was coming to visit you place or work and you were asked to complete some outrageous tasks in less than ideal conditions knowing questions were going to be asked about your position or the work you do.... only to not be invited to the party to be able to answer those questions?

#america #work #at-will #concerns #bussiness

"At-Will"

“At-Will”

It is Thursday morning, and you are walking through the door to work. Regular routine, saying hello to everyone but you notice some concerning looks here and there. Just shrug it off, maybe they got bad news? You get to your office or work area and are immediately called into the manager’s office. Maybe they are going to take you up on that proposal you pushed earlier that week! Next thing you know, you are handed a paper check from someone who can’t even look you in the eyes when they ‘wish you the best’ and are instructed to gather your belongings and vacate the premises.

Congratulations, you live in one of the 49 states that are ‘at-will’ employment. Unless you live in Montana, it does not matter how long you have worked there or what you have accomplished; you can be terminated at any given time for any ‘reason’ they choose to give if you’re lucky enough to get a “reason”. This is the amazing country we live in.

We are expected to give our best and commit to everything, typically putting our families and ourselves in the rear view, then at the drop of a hat, it is finished. 18 years and 3 months in, it is more convenient to let your go and split your salary between 3 new hires all for the good of the company. Meanwhile, during your time there you have had at least 216 arguments with your spouse, missed over 100 ball games, plays, or musicals, and left a hole in your family’s life that can’t be repaired. Remember, you can never get time back.

What happened America? This used to be a land ‘for the people, by the people’. We were close-knit and not afraid to help each other out. Now, you hold a door open for a lady, you’re a “sexist”? Don’t spend all day talking and actually get work done, you’re “not personable”? Request time off and refuse to go in when you are called during that time because you are spending time with your family, you’re “not a team player”?

How about we stand up and make the grease balls at the top earn their spots? The president of the United States has a limit to how long he may serve and can be impeached at any point in time (at least there’s an ‘at-will’ equality there), yet Governors, Mayors, Judges, District Attorneys, Sheriffs, Police Chiefs, etc. can stay as long as they want? Americans want to change everything because “change is growth”, why haven’t we changed this? I’m a firm believer that if ‘it isn’t broke, don’t fix it”, and if it is broken enough then don’t even try to fix it, just get rid of it and try something else. You could do worse, but you could also do a lot better.

The definition of insanity is doing the same thing over and expecting a different result, according to our beloved Albert Einstein. So why don’t we wise up and change something that ACTUALLY matters?

#at-will #fired #terminated #work #working

One of America's Biggest Flaws

One of America’s Biggest Flaws

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#at-will #flaws #jobs #work #working

Severance Agreements: the good, the bad, the exceptions.

Severance Agreements: the good, the bad, the exceptions. My latest blog post.

A frequent question I get, from both employees and employers, surrounds severance agreements. This article talks about the purpose of these agreements and the benefits and drawbacks from both the employer’s and employee’s perspective.

First, it is important to remember that a severance agreement is a contract that requires all the basic elements to form a contract. In order to have a valid…

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#at-will #discrimination #layoff #Severance Agreement #termination

Best practices for terminating an employee.

If you are an employer, a great thing in the state of Washington is the at-will doctrine. Essentially, you can fire an employee for any reason or no reason at all. And while this sounds wonderful, there are of course exceptions to this policy and the threat of litigation that is ever-present. Blind-obedience to the at-will doctrine could lead the unwary to claims of wrongful termination or, if…

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#at-will #Employment Law #termination

What Does It Mean to Be an At-Will State?

“At-will” employment means that employees and employers are able to end their relationship to one another at any time. Because of this, sometimes employers will use the at-will doctrine to fire employees for discriminatory reasons. Here is a list of exceptions to the at-will doctrine:

· You cannot be fired for membership in a protected class, like race, sex or age.

· You cannot be fired for being in a union or acting under collective bargaining agreements.

· You cannot be fired for refusing a polygraph test.

· You cannot be fired without notice in the case of a mass layoff in companies with more than 100 employees.

· You cannot be fired as retaliation for discrimination complaints or supporting another employee’s discrimination complaint. You also cannot be fired as retaliation for taking medical or military leave, jury duty or filing for workers’ comp, among other reasons.

· You cannot be fired for filing health or safety complaints.

· You cannot be fired for making wage claims.

If you believe your firing violated one of these at-will exceptions, contact an employment law attorney.

Atkerson Law – Dallas Employment Law Attorney

http://www.dfwlaborlawyer.com/are-there-exceptions-to-at-will-employment-laws

#at-will #employment law #wrongful termination

What Does At-Will Employment Really Mean?

An "at-will employment” means that an employer has the right to terminate an employee at any time and for any or no reason. It also means that the employee has the right to terminate his or her own employment at any time and for any or no reason. This also means the termination can be done without any prior notice. In United States, an employee is considered to be an at-will employee unless there is proof otherwise, such as an employment contract. However, there are exceptions to "at-will employment." Other laws may be broken if a termination is made for an otherwise illegal reason, such as discrimination. Here are some of the exceptions to the at-will employment doctrine: • An employee cannot be fired for a discriminatory reason such as race, national origin, religion, color, or sex. • An employee cannot be fired out of retaliation for performing a legally protected action. For example, an employer cannot fire an employee for filing a discrimination or harassment suit, or being a whisteblower regarding illegal or unsafe practices, or complaining about the working environment and overtime practices. • An employee with a contract that outlines the terms of employment cannot be fired outside of those terms. In other words, contracts supersede at-will employment assumptions. • An employer who provides some protections in employment policies, such as firing only for just cause, must abide by those protections. The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases. Questions about your rights at the workplace? Contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/