EMPLOYMENT AT WILL

Employment at Will

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Abstract

This paper focuses on the employment at will doctrine, and in this context also studies unfair labor practice (ULP), as well as the tactics of negotiation. This paper also examines the influential biography of Walter Reuther. Finally, addresses the challenges of labor facing in today's world under International Workers of the World.

At-Will Employment

Introduction

In United States, number of workers believes that the performance on the job must be resulted in rewards, incentives, bonus, promotion, job security or other benefits. Conversely, the employee's expectation of job security in the recent times has eroded by mass layoffs, workforce reduction, as well as employee turnover. Second half of the 19th Century, it has been witnessed that the employment has been at will in the United States as well as the employment can be terminated at the will of the employee or employer based on any reason.

The doctrine of employment at will affirms that when an employee does not have a written agreement of employment as well as the employment term is also undefined; then the employer can end the service tenure anytime for any reason or no reason.

The Industrial Revolution played an important role in the instituting the doctrine of employment at will. In particular, when the employees started structuring unions, the mutual agreements of negotiations had provisioned, now employee just needs a cause for the employer's adverse actions as well as the procedures for arbitrate employee complaints. Furthermore, in 1960 the Federal legislative protections that include Title VII of the 1964 Civil Right Act was formulated to encounter the wrong employee termination based on race, sex, age, religion, and ethnicity. Such changes were because of the relationship between employee and employer. Since, the employer has economic and structural advantages when dealing with current or new employees, and such circumstances were recognized by the court. This recognition by the legislation was for the livelihood and well-being of employees. Although, until 1980s, the implications of employment at will doctrine did not take place but safeguard the employee rights against wrongful discharge (Lanza & Warren, 2005).

Conventionally, in 1990s the court examined the relationship between employee and employer, particularly in terms of bargaining power and providing equal footing at the time of employment. Therefore, the doctrine of employment made clear that employees are free to enter into the contract of employment for definite duration. On the other hand, in the absence of employment contract no such obligations attached to both employer and employee. Mainly because employees were able to leave their jobs if they no longer wanted to continue, as well as employer also can terminate employees at their whim.

Discussion

Unfair Labor Practices (UPL)

The action that infringes the rights of a party guarded under Title VII of the Civil Service Reform Act by the federal labor law is identified as unfair labor practice. ULP covers the rights of employees, agencies and unions. ULP encounters the issue related to the violation of labor laws as per Federal ...