Abolish At-Will Employment

One hundred and fifty years ago, our Southern states seceded from the Union. They called it a struggle for freedom. But it was really for their freedom to own slaves.

Now we hear Governor Walker of Wisconsin tell the person he thought to was his patron, David Koch, that his union-busting bill is “all about getting our freedoms back.” From the perspective of our modern lords and their political vassals, it’s all about getting complete freedom to treat their employees like migrant labor.

You see, the prevailing theory in American employment law, from what I have read, is the “At Will” doctrine. It is based on an article published by Horace Gray Wood in 1877 concerning “master-servant” relations. Prior to Mr. Wood, employer-employee relations in the U.S. were governed by English common law, which presumed, in the absence of any contract, that employment was “to be for one-year increments, absent termination for good cause,” and that “any termination would require reasonable notice prior to termination.” Wood argued, however, that the employment relationship was entirely “at will” and could be terminated “at will” if there was no proof that the employment was for a definite time period. This was music to employers, and it quickly became case law throughout the nation. Any employee, unless covered by a contract, could be discharged at will – for good reasons, for bad reasons, or for no reason at all.

The effects of this doctrine went far beyond the question of motives for discharge. It morphed, logically, to encompass the entirety of working conditions. “No employment contract” means that all of your terms and conditions of employment, your hours, your wages and your benefits can be set, changed or ended at the whim of your employer. If you don’t like the arrangement, you can leave or be fired. If unemployment is high, so be it. Sucks to be you.

It is true that American workers have gained some protections from the whimsy, malice and calculated disregard of corporate overlords. But these protections are incomplete. There are laws against discrimination, but the laws don’t touch every employer, and many common forms of discrimination are still allowed. There are certain legal requirements regarding wages, but they don’t cover every employee. There are laws intended to ensure worker safety, but there are also loopholes you can fall through. There are some unions to establish work contracts, but American unions have been on the decline, and they are scarcely as strong as their European counterparts. Nevertheless, our corporate overlords and their Republican vassals see these laws, regulations, and unions as infringing upon their freedom: the freedom guaranteed by the at-will employment doctrine to treat their fellow citizens with all of the consideration given to migrant farm workers.

This is in keeping with the authoritarian view of superiors and inferiors, but it is at odds with democratic principles. Democracy begins with the presumption that members of the social compact are political equals. American workers, therefore, should be given what they expect and deserve as citizens of this nation: equitable employment, as a matter of case law and statute.


Legal Disclaimer: I am not a lawyer. You can call this a rant, if you prefer. :)