Sunday, November 13, 2022

At-Will Employment

The majority of American employees reportedly work under "at-will" conditions, a status where either the employer or employee is legally free to break apart from the other suddenly, with no warning, and for no reason beyond a spontaneous or shallow whim unless it is over a legally defined discriminatory reason.  This also makes the custom of giving a notice that one will no longer be with a company two weeks later only something to be bothered with if it benefits the worker.  It is, though this appears to be rarely spoken of, a mere tradition that has no legal grounding--not that human laws matter, as opposed to the laws of logic and whatever moral obligations exist.  Though employees could use this to wrongfully hurt employers, it also gives employers a significant power over their workers that some abuse.  Such employers do not need to have anything more than a whim to fire at-will employees and they are not legally pressured to demonstrate to the best of their ability that there was a valid cause related to something like morality or productivity.  As a Texan myself, I live in an at-will employment state, and at-will employment has aspects and ramifications that go beyond even these that connect with moral ideas about the workplace very directly.

Of course at-will employment could be used by selfish, cruel employers to take vengeance on employees for trivial or imagined offenses or as a smokescreen to hide that someone was fired because of their gender, race, age, or so on.  However, it does not follow that this is the only logically possible reason someone is fired, as the possibility of this does not mean that at-will employment will be used to such ends, much less in every case.  Besides, what at-will firing really allows for is so much broader than just trying to conceal discrimination like sexism or racism.  The most petty basis for firing a person is given total legal immunity under this employment status.  Yes, employees themselves could use the voluntary at-will departure they are legally permitted maliciously or recklessly, but the majority of the risk often remains on the side of the employee.

At-will employment is not particularly safe for employees in particular because they can be dismissed on a purely arbitrary whim or for reasons totally unrelated to their work performance, ideological standing, or personability.  What if a manager walked up to an employee and disliked the color of their shirt or how they used a pause in their speech pattern?  With at-will legislation, firing someone for these irrational reasons is is legally defensible.  An employer in an at-will state is legally protected in a decision like this as long as the job they fired someone from is in a state that allows managers to fire workers for no reason at all other than a sudden change of preference, if not more malicious or oppressive reasons hiding behind the surface.

An employer could also easily deny the real reason they are letting someone go, making up an irrelevant excuse and then appealing to the concept of at-will employment when pressed to use it as a shield from valid criticism.  There are certainly circumstances where some employees deserve to be fired for their behavior or negligence or let go if it is unsustainable to keep them.  Just firing people is not the issue.  It is the way that at-will laws directly protect completely asinine, arbitrary firing choices that makes them threaten the stability of a great many workers.  After all, the most vulnerable workers of entire states might be legally barred from action against the employers who ruin lives just because they had a random emotion one day.

The explicitly abstract nature of logic and moral ideas underpins all truths about business one way or another.  In this and many other cases, there are still pragmatic benefits to understanding American laws, the culture of one's workplace, and one's own seeming job security, for at-will employment has major ramifications even if this system is not always used oppressively.  Indeed, it is not always used for exploitation, and there can be workers who do not deserve continued employment.  An at-will hiring and firing context still puts plenty of employees in a dangerous position unless they have employers who are not cruel, apathetic about the well-being of others, or so preoccupied with irrelevant or selfish things that they fail to make their own workplace one where workers are not mistreated.  Merely understanding these truths can help employees be more prepared for unexpected firings and better navigate the many pointless or arbitrary laws of the American business world.

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