At-Will Employment, Unions, and Collective Bargining Rights for Employees

AT WILL EMPLOYMENT, UNIONS AND COLLECTIVE BARGINING RIGHTS FOR EMPLOYEES

 

AT WILL EMPLOYMENT

The “at will employment rule” is the rule in wrongful termination law that says an employer can fire an employee for any reason at any time or even for no reason, and an employee can quit for any reason at any time or even for no reason. It recognizes the public policy that any employment relationship must be willing and voluntary on the part of both the employer and employee. The rule applies to all employment relationships unless the parties have contracted for something different. Those contract rights can be made between an individual employee and the employer through an employment contract, or by a union and an employee when the union is acting on behalf of the union members.

Also, the rule is not absolute as certain civil rights statutes limit the employment-at-will rule. For, example although an employer can fire an employee for any reason the employer cannot fire an employee in retaliation for the fact that the employee took medical leave under the Family Medical Leave Act of 1992. Also, the employer cannot "discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin" under Title VII of the Civil Rights Act of 1964.

Employees tend to believe that an employer can terminate them for any reason at any time. This is not true in the situations of “illegal or unlawful motivation,” which is not a legitimate reason for termination. Unlawful reasons for termination may include:

● Unwillingness to accommodate a disability

● Sexual or other harassment

● Age discrimination

● Other employee discrimination

UNIONS AND COLLECTIVE BARGAINING RIGHTS

If your employer has a unionized workforce then you will have rights under the union’s employment agreement. Workers have the right to bargain collectively. They can negotiate as a group instead of as individuals. The theory is that as a group, the group will have more bargaining power, and will be able to negotiate for better pay, benefits, and conditions. The whole is greater then the sum of its parts.


 
Share and Enjoy:
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees
  • services sprite At Will Employment, Unions, and Collective Bargining Rights for Employees

ERISA LAWS
ERISA sets minimum standards for participation, vesting, benefit accrual and funding of employee retirement accounts so funds placed in those plans will be there when they retire.

ERISA FAQS
Click here for answers to frequently asked and answered Employee Retirement Income Security Act of 1974 (ERISA) Law questions.

FAMILY LEAVE ACT
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave. Click here for info on the FMLA.

THE CIVIL RIGHTS ACT OF 1964
Makes it unlawful to refuse to hire, fire or segregate any person from the privileges of employment, because of the individual's race, color, religion, sex, or national origin. 
    
  Join the Attorney Network  

CLICK HERE TO JOIN THE ATTORNEY NETWORK /CONTACT US
Helpdesk