an empolyment at will state-generally, this means an employer may legally hire,fire,suspend or discipline any employee at any time and for any reason-good or bad-or for no reason at all. however an empolyer can not discriminate agaist you (so what can be done to give the working man or women protection from this everyone in this state has no protection unless you prove discrimination.
2006-09-24 14:00:42 · 11 answers · asked by benny h 1 in Politics & Government ➔ Law & Ethics
i'm having trouble with a supervisior who is telling the administration that i no longer live at my current address because i spend a lot of time away from home so he thinks that i should not be eligible for a residence raise and that i should be teriminated for falsify a docuument but being in this at will state i think i don;t stand a chance.
2006-09-24 14:49:32 · update #1
In an at will state, you have absolutely no recourse whatsoever unless you can prove you have been discriminated against because of age, gender, health, or any other reason stated in the law in your state. Some companies are unionized, and the unions provide assistance to their members. Other companies have procedures in place whereby an employee can appeal their termination to a higher management level within the company. Other than that, there isn't anything an employee in an at will state can do. The at will statutes are designed to protect employers, not employees.
2006-09-24 14:07:54 · answer #1 · answered by No Shortage 7 · 0⤊ 0⤋
I will guarantee you that the company is making documentation and putting it in files long before firing anyone.
I work for a company that is an "at will" employer. But in that company, no one can be fired without going through a "due process". There must be documentation on everything the employee does, and the only way there can be an "immediate termination" without going through the due process is if the President, Vice President and Director all agree on the termination. No immediate supervisors can terminate without these processes. This is to protect them against lawsuits against them from employees feeling they were wrongfully terminated.
I don't think a company would have a prayer if it was a "he said/she said" sort of case. Everyone all around does best to just keep "proof" of their reasons. Companies are doing the same. THAT is the protection employees have.
2006-09-24 21:10:36 · answer #2 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
An At-Will State means there is no employment contract. They cannot go against the civil laws that protect employees or the ADA standards for employees. They CAN, however, fire you for poor work, attendance, etc based on the company's policies. (Don't mistake an At Will State for one that means you are safe, or the company can simply dismiss you because they don't like your hair color...etc.)
If you are a blatantly bad employee, they can can you. If they are a crappy employer YOU can leave. YOU and the employer are not bound by contract to keep you employed.
Your question is pretty vauge. Is there a particular instance that makes you concerned about your employment?
2006-09-24 21:20:29 · answer #3 · answered by Venus__27 4 · 1⤊ 0⤋
Not really sure what your question is, but your description is correct. I to am in an "at will" state (GA) and even though you can be terminated for any reason, I have never terminated anyone without good cause. There are still some rules that have to be followed when terminating someone and you can still sue for wrongful termination. It is very complicated.
2006-09-24 21:10:51 · answer #4 · answered by MrsMike 4 · 0⤊ 0⤋
Actually, that is not entirely accurate- Most companies can fire you for any or no reason, but if they give you a reason, and it is not valid, you can sue for wrongful termination. If they give you no reason, then you can collect unemployment. Most companies hate that so they usually fire for cause. If you are disciplined unfairly, you may have legal options available to you as well. You may wish to contact your state labor board to discuss the situation.
2006-09-24 21:03:54 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If you want more protection, get a job in a union shop.
The flip side of employment at will is that you get to leave whenever you want. They cannot force you to stay, or even give notice that you are leaving. They cannot penalize you for leaving. Once that ship starts sinking, you get to jump off.
2006-09-24 21:04:17 · answer #6 · answered by Catspaw 6 · 0⤊ 0⤋
You are correct. There are no protections. It was a gift law given to big business in exchange for donations and votes
2006-09-24 21:06:39 · answer #7 · answered by reallyconfuzzled1 3 · 0⤊ 0⤋
It just means that they don't have to give you a reason why they fired you.
Discriminate is a Federal Law. Federal Law always trumpt State Law.
2006-09-24 21:05:14 · answer #8 · answered by LA LA 6 · 0⤊ 0⤋
When you work for someone, it is their company. They have the right to run their business the way they want. When you risk millions and start your own company, you can offer your opinions. If you do not like working there, quit.
2006-09-24 21:03:55 · answer #9 · answered by Chainsaw 6 · 0⤊ 0⤋
contact the eeoc or talk to administration yourself my state claims it's at will also but there are certain loopholes with it so you may also want to consult a lawyer
2006-09-25 02:41:58 · answer #10 · answered by meadia2004 2 · 0⤊ 0⤋