Employers have many
labor options available to them. Employers may hire employees
directly as "permanent" at-will employees,
employee-leasing, use temporary and contract labor and
outsource functions entirely. We believe that outsourcing work
to an in-house independent employee-owned labor pool or
Support LLC (tm) is the best possible labor solution. In
addition, by way of an equity stake in the Support LLC, your
company can have a shared investment in the success of this
independent labor pool and achieve additional cost
"permanent" employment is legally classified as
Employment-At-Will. Legally this means that the employment
contract can be terminated at any time by either party for any
reason (more or less). In other words "permanent"
employment is minute to minute (or second to second) and there
is no contractual guarantee or implication of a long term
relationship by either the employer or the employee.
The Republican Party
has made it its mission in life to preserve employment-at-will
and to protect the employer's right to fire employees-at-will
at any time for any reason; the federal government only
requires that if an employer is going to fire a lot of
employees-at-will, that it give legal notice in advance. As
far as we know, every Court in the country has refused to
allow statements in employment handbooks and/or oral promises
by the employer to be used to transform employment-at-will
into employment for a specified duration (i.e to transform the
employment relationship from being at-will into the employment
being a property interest).
You are not an employee
at will if you have a contract to work for a specified
duration or you are a government worker. In these types of
employment, your job is considered a property interest. What
this means is that your job is property (something you own)
and therefore your job cannot be taken away unless your
employer first accords you due process of law.
employees-at-will just like "permanent" employees,
both types of employment are minute to minute and there is no
implied guarantee of long-term employment. Permanent employees
are merely suffering from a grand delusion, whereas Temps know
that they may not have a job tomorrow. Health benefits,
retirement, etc. are merely part of the compensation (and
should be taxed as such). I doubt that anyone would say that a
permanent secretary making $12.00 per hour with benefits is
better off than a temp making $50.00 per hour with no
benefits. The fact is that Temps and Consultants are
subsidizing "permanent" employees because
"permanent" employees get compensated in the form of
employment benefits which aren't taxed.
An employer on Long
Island once promised to pay new hires $5,000 a year as a
signing bonus. The $5,000 was to be reduced by a certain
percentage a year until it became zero. It was argued in court
by a discharged employee that it would have taken more than
200+ years for that $5,000 to become zero and that therefore
the employment relationship was not "at-will", i.e.
that the employment was for a specified duration and a
"property interest". A federal judge refused to
allow this argument and held that even with the promise of
compensation for 200+ years, the employment was still at-will. This
is typical of courts in the US, employment-at-will is a US
institution, it is sealed in stone and the US is the only
major industrialized county in which the majority of workers
are employees at will.
Employment for the
majority of workers in the US is government by their state's
Master Servant Clause. The Master Servant Clause holds that
employment, unless contractually stipulated to otherwise by
the parties in a written contract, is At-Will and that the employment contract may
be terminated at any time for any reason by either party.
As a result, the
unemployment rate in the United States could technically be
nearly 100% in 90 days because there is no legal barrier to
employers firing all at-will employees if they choose to.
Clearly, Employment-At Will Is A Threat To The National
Security Interest of The United States.
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