Employment-at-Will, Employee Rights, and Future Directions for Employment

2003 ◽  
Vol 13 (2) ◽  
pp. 113-130 ◽  
Author(s):  
Tara J. Radin ◽  
Patricia H. Werhane
Keyword(s):  
United States ◽  
The United States ◽  
Employee Rights ◽  
Employment Practices ◽  
Future Directions ◽  
Employment At Will ◽  
At Will ◽  
Made In

Abstract:During recent years, the principle and practice of employment-at-will have been under attack. While progress has been made in eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States, and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly review the major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we shall suggest new avenues for approaching employment issues to achieve the desirable goal of employee dignity and respect.

The American Employment-at-Will Doctrine and its Impact upon Employee Rights

2001 ◽  
Vol 5 (2) ◽  
pp. 169-185 ◽  
Author(s):  
Kenneth Miller
Keyword(s):  
United States ◽  
Common Law ◽  
State Level ◽  
The United States ◽  
International Standards ◽  
Employee Rights ◽  
Employment At Will ◽  
Grievance Arbitration ◽  
Employment Termination ◽  
At Will

In Great Britain protection against arbitrary dismissal is almost taken for granted. The protection has been in existence for nearly thirty years and the basic rules are fairly straightforward and reasonably well known. The British position is not dissimilar to that enacted in other countries and is consistent with international standards. It is surprising to discover, therefore, that the world's most powerful state, the United States, lacks universal and coherent laws on dismissal. To be sure protections are available in the unionised sector through grievance arbitration, and there are federal and state statutes which provide extensive protections against discrimination at the workplace. Otherwise, workers faced with dismissal have to rely on the American common law, which is even less protective than the common law of England and Scotland. This article examines the present common law position in the United States as represented by the employment-at-will doctrine and considers both judicial and statutory developments to extend protection against dismissal. It concludes that the Model Employment Termination Act may provide the necessary impetus for change at state level.

Continuity

2019 ◽  
pp. 119-144
Author(s):  
Gamonal C. Sergio ◽  
César F. Rosado Marzán
Keyword(s):  
United States ◽  
Private Sector ◽  
The United States ◽  
Employment Contracts ◽  
Employment At Will ◽  
The Public ◽  
Unfair Dismissal ◽  
Wrongful Dismissal ◽  
The U.S ◽  
At Will

Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.

A Defense of Just Cause Dismissal Rules

2003 ◽  
Vol 13 (2) ◽  
pp. 151-175 ◽  
Author(s):  
John J. McCall
Keyword(s):  
United States ◽  
Private Property ◽  
The United States ◽  
Economic Consequences ◽  
Employment At Will ◽  
Just Cause ◽  
Freedom Of Contract ◽  
Advanced Economies ◽  
The U.S ◽  
At Will

Abstract:The United States is distinctive among advanced economies in that its employment laws and practices are governed by Employment at Will (EAW). Most other nations have variations on Just Cause dismissal rules. I argue that the U.S. preference for EAW is unsupported by concerns about net social or economic consequences. More centrally, I argue that the basic moral commitments that underlie the U.S. system of private property and freedom of contract are commitments that lend support to Just Cause over EAW.

Protection

2019 ◽  
pp. 31-62
Author(s):  
Gamonal C. Sergio ◽  
César F. Rosado Marzán
Keyword(s):  
United States ◽  
The United States ◽  
International Labor Organization ◽  
Labor Laws ◽  
Employment At Will ◽  
International Labor ◽  
Fair Labor Standards Act ◽  
The Common ◽  
Involuntary Servitude ◽  
At Will

Chapter 2 describes the protective principle and in dubio pro operario in Latin America, namely, in Argentina, Brazil, Chile, and Uruguay. It also describes worker protection in International Labor Organization (ILO) instruments and other international human rights texts. It then searches for the protective principle and in dubio pro operario in the United States. It argues that the protective principle can be found in the Thirteenth Amendment, the National Labor Relations Act (NLRA), and the Fair Labor Standards Act (FLSA). The Thirteenth Amendment bans involuntary servitude and mandates Congress to protect free labor. The chapter even finds something akin to in dubio pro operario in the general way that U.S. jurisprudence calls for “liberal” interpretations of statutes that derogate the common law. It further finds the protective principle in U.S. purposive methods of statutory interpretation, applied by some judges. However, those broad, purposive, worker-protective interpretations of the law have given way to more reluctant and narrow readings of the labor laws—and without good reasons. Finally, we address how employment at will narrows worker protection in the United States. While U.S. labor law has grown less labor protective, judges could reverse existing jurisprudence through the existing legal texts. Some statutory reform is, however, desirable, especially if anchored in the Thirteenth Amendment and if it derogates employment at will.

scholarly journals Music industry and copyright protection in the United States and China

2016 ◽  
Vol 1 (4) ◽  
pp. 390-400 ◽  
Author(s):  
David Herlihy ◽  
Yu Zhang
Keyword(s):  
United States ◽  
The United States ◽  
Future Directions ◽  
Cultural Traditions ◽  
The Public ◽  
The Road ◽  
Goods And Services ◽  
Current State ◽  
Historical Developments ◽  
Made In

From the standard economic rationale, music copyright supports the rights of authors and creators to exclude competitors and the public from accessing and copying their works to the extent necessary to provide incentive to recover the investment they made in creating those works. The necessary extent in music copyright is from the interplay of three historical drivers of copyright policy—technology (which makes things possible), the market (which gives rise to consumer demand and companies delivering goods and services to satisfy those consumers), and the law (which determines the rules of the road). Due to differences in cultural traditions and historical developments, these processes have been different for the United States and China. This “In Focus” report briefly explores intellectual property and music copyright in these two countries from an historical perspective, comments on their current state, and reflects on future directions.

Mafias on the Move

2011 ◽  
Author(s):  
Federico Varese
Keyword(s):  
United States ◽  
New York ◽  
Organized Crime ◽  
The United States ◽  
The West ◽  
Market Expansion ◽  
The North ◽  
Economic Transformations ◽  
At Will

Organized crime is spreading like a global virus as mobs take advantage of open borders to establish local franchises at will. That at least is the fear, inspired by stories of Russian mobsters in New York, Chinese triads in London, and Italian mafias throughout the West. As this book explains, the truth is more complicated. The author has spent years researching mafia groups in Italy, Russia, the United States, and China, and argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonize new territories. Once there, they do not always succeed in establishing themselves. The book spells out the conditions that lead to their long-term success, namely sudden market expansion that is neither exploited by local rivals nor blocked by authorities. Ultimately the inability of the state to govern economic transformations gives mafias their opportunity. In a series of matched comparisons, the book charts the attempts of the Calabrese 'Ndrangheta to move to the north of Italy, and shows how the Sicilian mafia expanded to early twentieth-century New York, but failed around the same time to find a niche in Argentina. The book explains why the Russian mafia failed to penetrate Rome but succeeded in Hungary. A pioneering chapter on China examines the challenges that triads from Taiwan and Hong Kong find in branching out to the mainland. This book is both a compelling read and a sober assessment of the risks posed by globalization and immigration for the spread of mafias.

scholarly journals The United States Eye Injury Registry: Past and Future Directions

Ophthalmology ◽  
2020 ◽  
Author(s):  
Ariel Chen ◽  
Gerald McGwin ◽  
Grant A. Justin ◽  
Fasika A. Woreta
Keyword(s):  
United States ◽  
The United States ◽  
Eye Injury ◽  
Future Directions
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