The Employment-at-Will Doctrine.  Another Euphemism as our Language Fades into Irrelevance

This blog post is all about the employment-at-will doctrine, and how it has eroded America's labour protections. In a world where Americans are left wondering what their rights are, and which state they might be in when they need them, all the while being made vulnerable to exploitation by employers, it's time for a change.

The article explains how there are now only twenty-one states in America with some form of employment protection for employees who have been wrongfully terminated from their jobs without cause. The remaining thirty-nine states have adopted the employment-at-will doctrine: an ancient legal maxim that Silicon Valley capitalists now gleefully espouse as gospel on national TV talk shows.

This doctrine says that any employee can be terminated from his or her job at any time, for any reason, or for no reason at all. This principle is then enshrined in the state's statutes and ordinances. Thus, it is codified into law by lawmakers and becomes part of the social fabric of America.

This practice has now become so egregious that even the tech preachers who have built multi-billion dollar businesses on this premise are publicly speaking out against employment-at-will. Their platforms are bigger than ever, their voices louder than ever, but they just don't care anymore because they know they've already made their billions from it and there's no going back now.

Here's how the employment-at-will doctrine works in America:

Employees should be aware that the moment they begin working for their boss, they also agree to be terminated from their job at any time, for any reason or no reason at all. There is no legal recourse for them to contest this, nor is there any legal protection against it.

In exchange for this "favour" from the state and from their employers - the employees agree to show up on time every day and work hard at the jobs that their employers provide for them. The employers of course, will be free to do whatever they want to their employees - at any time and for any reason - because that part of the contract the workers agreed to when they were hired.

The only thing an employee can do, legally and constitutionally, to protect himself from being terminated from his job, is to sign a waiver saying he agrees unconditionally to be terminated from his job. But in doing so he may or may not receive a severance pay or unemployment benefits if he's fired for some kind of wrongdoing or misconduct. He also risks being sued by his boss if something goes wrong in the workplace.

Employers know that this doctrine is legal and constitutional because all jurisdictions adopt it under state law. They also know that most employees are not aware of the doctrine. Nor do they care to be aware of it either. Even though it's the law in every state, employers still use the doctrine to fire their employees for all kinds of wrongdoings and misconduct - because that's a business risk they are willing to take.

But what is employment-at-will, really? It can be defined as "the right of employers, acting as sovereign individuals, to add or remove employees from their payrolls at any time for any reason or no reason." And thus, "employees must always be prepared and expect that at-will employment may end at any time and for any reason an employer sees fit. Employers retain all rights to unilaterally terminate an employee for any reason or for no reason at all."

This doctrine allows employers to do as they please in their businesses - and often, employees have no recourse because of it. It's a Catch-22 situation:

Employees can't complain about managers who abuse and mistreat them without fear of retaliation or legal action because the employer can fire them anytime they want. Moreover, they cannot demand that employers respect their contracts because the law gives the employer complete control over his business. If an employee is fired unjustly, he has no right to seek enforcement of his legal right because the law will not protect him.

Employees are not allowed to sue their employers because they can be fired at will.

They cannot complain to their state governor, nor the state legislature, nor any other law enforcement agency if they're being wrongfully terminated from their jobs because there is no protection under law for them. Ultimately, they have no redress when it comes to wrongful termination.

The result of this is that companies like Uber and Lyft are able to operate outside of any form of legal protection or government oversight. They enjoy the benefits of running a taxi or limo service - but without the regulations that go with providing a public service (taxis and limos have been regulated by governments since the beginning of time).

Employment-at-will states, and the companies that operate in them, are essentially free from any form of government regulation. Workers in these states are left vulnerable to exploitation by any and all employers who can exploit their employees as they see fit, for whatever reason the employer wishes. It is for this reason that I refer to employment-at-will as the labour exploitation doctrine.

This is the vision capitalists have for America:

The destruction of traditional labour protections and unions means that wages and salaries are no longer determined by collective bargaining between employers and employees. Workers today earn less per hour than they ever have before.

A labour market in which employers fire workers at will, doesn't allow for workers to raise concerns about violations of labour laws. Workers cannot report their employers for any abuses or violations because they are likely to lose their jobs if they do so.

A lack of social security means that unemployed people are literally thrown out on the streets and denied basic services and food stamps. Unemployment benefits cannot be claimed because there is no protection under law for them - regardless of whether or not they're eligible for benefits.

Unions are outlawed and replaced by non-profits that cannot function as as effective agents for workers because of their lack of power.

Taxpayer subsidies for corporations are raised to a higher level than ever before, at the expense of the government. This subsidises these companies by making them less expensive than they would be otherwise, but also places the burden on taxpayers who pay more in taxes while they receive less in goods and services.

Central banks print money to fund government debt - which is increasing with every move the Federal Reserve makes to inflate the currency - meaning that ordinary people must rely on this artificial money supply when they want to pay back their loans. This incentivises the banks to lend money to anyone who wants to borrow it, because it's their job to help the government pay off its debt by lending out as much money as possible. That's why we now have multiple generations of indebted students, households and governments. The indebtedness of America is entirely due to the policies that Congress has put in place with the Federal Reserve and the President's cooperation.

Capitalism has won - but at what cost? Is it really worth sacrificing a well-paid workforce just so capitalists can make more profits? But that's exactly what they want you to believe: that capitalism is good for everyone, without fail.

Conclusion

The concept of employment-at-will is a doctrine that is as old as America itself. It has been used to justify the creation of a workforce that is willing to work for lower wages and for less protection than ever before. This allows employers to exploit the workers without consequence or loss, even when they are acting out in the most abusive ways, because there is no recourse against them - not in any way that can be enforced under law, at least. This gives employers all the power they could ever want over their workers and it's a power that they have abused time and time again over the years, causing great harm and suffering to millions of working people who have been terminated unjustly or fired with no notice at all.