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  • Subject: Re: Midrange Computing Closed
  • From: ken shields <kjs@xxxxxxxxxxx>
  • Date: Mon, 30 Jul 2001 18:43:35 -0400

        What we're leading up to is a severe breakdown in civility.
        The "at will" methodology is very much slanted in favor of the 
        employer, let me explain.
        In the majority of cases, an employee who decides to leave their 
        employment, can do so giving the reasonable one or two week notice
        In some very rare cases, most of them of an emotional nature, the 
        employee feels he/she must leave immediately.
        The employer on the other hand, has a vast source of people to 
        potentially replace the employee; hence the physiological 
        advantage.
        In reality, this advantage is a form of mental abuse, which 
        occasionally rears it's ugly head.
        This imbalance is not fair,but, how many things in life are fair?
        The answer;
        Neither party in an employment contract should have the 'right'
        to dismiss the other party with impunity, like a divorce.
        Pre-emptive firings, by hot headed management, often lead to 
        wrongful dismissal law suits, and so they should.
        The short coming in this mechanism, and I believe states or 
        countries should have this in place, is that the employee who
        unjustifiably, ups and leaves, for no reason, should in fact 
        be punished with an amount of moneys equal to their severance
        pay.
        I swear sometimes, these laws are designed by lawyers, to force 
        a situation of combativeness to ream more legal fees from the
        situation.
        Again, with reality that forces a one sided balance of power, 
        no equality can be reached, hence, no civility.
ps
        The example of marriage is not absurd.We spend more time at work
        than we do with our spouses.
        rights must be balanced with responsibility.

boothm@goddard.edu wrote:
> 
> People talk about "at will" employment as if it is all one sided.  It
> isn't one-sided at all.   The employee has every right to quit anytime
> he wants, with no notice whatsoever if he so wishes.  Why shouldn't
> the other party to that employment arrangement have the same right?
> 
> ----------------------------------------------------------------
> Booth Martin, 802-454-8315 x235
> Goddard College Information Services
> http://www.Goddard.edu
> ----------------------------------------------------------------
> 
>  jeff_carey@baxter.com
>  Sent by:                                    To:
>  owner-midrange-l@midrange.com        MIDRANGE-L@midrange.com
>                                              cc:
>  07/30/01 10:44 AM                           Subject:        RE:
>  Please respond to MIDRANGE-L        Midrange Computing Closed
> 
> Further, in some states like my own Illinois, employment is entirely
> "at
> will."  That is, you can be hired and fired for any reason (or no
> reason),
> the sole exception being discrimination.  Now if the company does
> interstate commerce, Federal laws come into play, but these are still
> heavily in favor of the employer for the most part.
> 
> Joel Fritz <JFritz@sharperimage.com>
> Sent by: owner-midrange-l@midrange.com
> 07/27/01 12:28 PM
> Please respond to MIDRANGE-L
> 
>        To:     "'MIDRANGE-L@midrange.com'" <MIDRANGE-L@midrange.com>
>        cc:
>        Subject:        RE: Midrange Computing Closed
> 
> Completely legal.  In recent years many US employers, in order to
> prevent
> wrongful termination lawsuits, have adopted an "at will employment"
> policy.
> Employees are required to sign a document acknowledging that the
> employer
> may let them go for no stated reason at any time.  There is a federal
> law
> that requires large employers who are planning to lay off more than a
> certain number of people (1000?) at a given location to give 60 days
> notice.
> 
> A very common strategy for "small" mass layoffs is that employees are
> given
> no notice til the day of the layoff.  On the day of the layoff they
> come
> to
> work only to find the building closed.  They are then allowed to enter
> the
> building for a short time accompanied by a security guard in order to
> get
> personal belongings.  We trust each other over here. <g>
> 
> > -----Original Message-----
> > From: McCallion, Martin [mailto:MccalliM@Midas-Kapiti.com]
> > Sent: Friday, July 27, 2001 9:14 AM
> > To: 'MIDRANGE-L@midrange.com'
> > Subject: RE: Midrange Computing Closed
> >
> >
> > Al Barsa said:
> > > All of
> > > the employees were terminated yesterday, and they're all
> > > looking for jobs
> > > now.  They got no severance, or anything.
> >
> > Is that legal in the States?  It wouldn't be here (UK) -- at least
> for
> > employees who had  two years+ service.
> >
> > Cheers,
> >
> > Martin.
> >
> > --
> >
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-- 
Best Regards
Ken Shields
Home phone: 905 404-2062
Bus  phone  905 725-1144 (326)
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