Introduction
- Introduction
At-will Employment
- At-will Employment
At-Will at Common Law
- At-Will at Common Law
Implied At-will
- Implied At-will
Implied-in-law contracts
- Implied-in-law contracts
The controversy
- The controversy
What you'll learn
- Explains an employer's ability to dismiss an employee for any reason
- Explains how race, religion or sexual orientation can not be grounds for termination.
- Explains under what circumstances an employee may be entitled to leave their job
- Explains employee rights under union and collective bargaining contracts
Description
When an employee is acknowledged as being hired "at will," courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century and was endorsed by the U.S. Supreme Court during the Lochner era, when members of the U.S. judiciary consciously sought to prevent government regulation of labor markets.
Over the 20th century, many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether. In workplaces with a trade union recognized for purposes of collective bargaining, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause." Otherwise, subject to statutory rights (particularly the discrimination prohibitions under the Civil Rights Act), most states adhere to the general principle that employers and employees may contract for the dismissal protection they choose.
At-will employment remains controversial, and remains a central topic of debate in the study of law and economics, especially with regard to the macroeconomic efficiency of allowing employers to summarily and arbitrarily terminate employees.
The following textbooks are available online at Barnes and Noble and can be found, along with other publications, under my name, Shane Irvine:
The Executive Juris Doctor ISBN 979-8-891-45669-3
The Bootstrapped Entrepreneur ISBN 979-8-892-17209-7
The Sales Management Team Textbook ISBN 979-8-891-45086-8
The Perfect Business Plan ISBN 979-8-892-17201-1
Business Law for the Nascent Entrepreneur ISBN 979-8-892-17208-0
The University of Sheffield
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About the instructors
- 4.33 Calificación
- 6312 Estudiantes
- 17 Cursos
Shane Patrick Irvine
Business and Law Explained
We're not all born with a financial legacy and we all know that it takes money to make money. The trick is to use other peoples money by convincing them that your idea is going to reap a profit. In business, knowledge is power and thus allows those with knowledge and motivation to perform at their peak. Understanding business science and how the legal system works is the great equalizer. My name is Shane Patrick Irvine, and I have a Juris Doctor degree from Southern California Institute of Law and studied business science at the University of San Francisco. I was a business and legal editor back in the days of newspapers. As such, I had to write everything in AP editing style which is designed to keep everything at a seventh-grade reading level. That, is what I bring to the table, being able to explain complex matters in as simple of terms as possible. I always hated having to have a dictionary next to me when I would listen to some instructors. I prefer as simple as possible. These courses provide students with the same information taught in a traditional business college or law school. I recommend taking notes and building course outlines. I also recommend using the information to develop a business plan. The business plan should include a short mission statement, the who, what, where, and why with a management strategy and financial plan.
The following textbooks are available online at Barnes and Noble and can be found, along with other publications, under my name, Shane Irvine:
The Executive Juris Doctor ISBN 979-8-891-45669-3
The Bootstrapped Entrepreneur ISBN 979-8-892-17209-7
The Sales Management Team Textbook ISBN 979-8-891-45086-8
The Perfect Business Plan ISBN 979-8-892-17201-1
Business Law for the Nascent Entrepreneur ISBN 979-8-892-17208-0
Student feedback
4.25
Course Rating
Reviews
L. E
19-06-2023
Well, as said in the above rating, this course's quality is average. The interaction is lacking a bit. I will move forward to find out more and complete the lecture. Thank you.