Question

hello please answer this discussion employement law

Does the employment at will with exceptions standard provide sufficient protection for employees? Would it be better if all employers were required to meet a just cause/due process standard for terminations? Why or why not?

Answer 1

Answer-

Under employment-at-will with exceptions standard, terminations are legal no matter how doubtful or unfair, unless the termination of this at-will employee was proven to be wrongful for reasons or circumstances specifically illegal. Rather than seeing the relationship as being on equal, courts and legislatures recognized the structural and economic advantages employers had. This led to protections for employees against wrongful discharge. The most widespread exceptions prohibit terminations for reasons that violate public policy, statutory restrictions, and employment contracts including collective bargaining agreements and implied contracts.

While the number of exceptions has increased over time, I do not feel the employment-at-will with exceptions standard provide sufficient protection for employees compared to some segments of the workforce, which enjoy much greater protection against wrongful termination than is available under employment at will with exceptions. Terminations of employees who are unionized, work for government agencies, reside in Montana, have individual contracts of employment, or were recently reinstated from military service must generally meet a just cause/due process standard. Under this standard, employers must prove the decision to terminate employment was based on good reasons and the termination followed reasonable procedures as well as properly carried out. However, the employee is entitled to reinstatement, back wages, or other remedies if the employer cannot adequately defend a challenged termination and deemed wrongful. It is difficult to predict whether it would be better if all employers were required to meet a cause/due process standard. For instance, economists claimed the flexibility of the U.S. labor market, including the relative ease with which employees can be terminated, as an asset to job creation. However, the experience in Montana suggests that a just cause/due process standard might not be impractical or give rise to a number of legal claims.