Why do poor communities exist in America?

Yes, it is. See how easy that is when you don't need to support your unsubstantiated opinions with valid arguments.

You really should do your research on CA's at will employment laws. There are plenty of exceptions to the basic employment laws that you think are written in stone.
 
That is You making up that straw man argument. At-will employment means you can also quit and collect unemployment compensation; but for the extra-Constitutional abridgment.

No, it does not. You cannot quit and draw unemployment compensation.

The at will employment law covers the employment relationship. And even that is not all encompassing. Employment contracts, union collective bargaining agreements, and even verbal contracts do not follow the at will employment laws.
 
No, it does not. You cannot quit and draw unemployment compensation.

The at will employment law covers the employment relationship. And even that is not all encompassing. Employment contracts, union collective bargaining agreements, and even verbal contracts do not follow the at will employment laws.
Only due to abridgment of at-will employment law. The employment relationship is what matters not any public policy denying or disparaging that employment relationship.
 
The point is legislators have no authority to abridge those privileges and immunities through unequal protection of the laws.

No they don't. There is no law that demands that unemployment compensation assistance be afforded to those who quit their job or who are fired for cause.
 
No they don't. There is no law that demands that unemployment compensation assistance be afforded to those who quit their job or who are fired for cause.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
 
Union collective bargaining is a form of for-cause employment.

And the union collective bargaining contracts are valid in at will employment states.

Allow me to educate you via a simple Google search.

from: "At-Will" Employment in California: What it Actually Means Under California Law
"What is true is that if you’re an “at-will” employee, and you’re fired, you can’t sue your employer if your only claim is that your termination wasn’t fair or they didn’t have cause to fire you.

However, there are certain exceptions for “at-will” employees in the state of California.

Public Policy​

An employer may not terminate at-will employment in California if the termination goes against longstanding public policy. Something that goes against public policy pertains to anything that injures the public.

For example, it would go against public policy to terminate the California at-will employment based on an individual’s inclusion in a protected class. Protected classes include categories based on race, gender, sexual orientation, marital status, or age.

Another example includes firing an employee for reporting unsafe work conditions or criminal activities. Additionally, firing an individual for refusing to engage in illegal activity would also go against public policy.

Employment Contract​

An employee who enters an employment contract with their employer may be protected from termination. In that case, the terms of the contract will govern whether the termination is wrongful. Employment contracts typically outline specific circumstances where an employee may be terminated and specific procedures the employer must follow.

Under California law, all employment contracts include an implied covenant of good faith and fair dealing. The covenant provides that no adverse actions, such as a demotion or termination, may be made against an employee in bad faith. Breach of this covenant may give cause for an employee to file suit for wrongful termination even if they are otherwise an at-will employee.

Implied Contract​

Even if an employee does not have an employment contract, an exception to California at-will employment law may apply if an implied contract exists.

An implied contract may be found in situations where, based on representations made by the employer, the employee believes that an employment relationship exists.

Evidence of an implied contract includes actions and statements of the employer to the employee. These can include representations in the company handbook or employment policies. Such representations may lead an employee to believe they enjoy protection from termination.

Additional Exceptions to California At Will Employment​

Additional exceptions exist to California at will employment, including the following:

  • Public sector employees hold protections based on civil service laws or by a “memorandum of understanding” between their unions and employers. These memorandums provide procedures for discipline and termination of employment.
  • Union workers enjoy protection through their collective bargaining units requiring a “just cause” for termination of employment.
  • Contracts providing for “good cause” for termination protect certain individuals from California at-will employment laws."
 
The point is, they negotiate that agreement. At-will employment is the "default" employment relationship in an at-will employment State.

That changes nothing. Being the default employment relationship does not mean the at will employment laws hold any meaning beyond describing the employment relationships.
 
That changes nothing. Being the default employment relationship does not mean the at will employment laws hold any meaning beyond describing the employment relationships.
Why do you believe that? At-will employment laws legally establish those privileges and immunities; legislators have no authority to abridge those legally established privileges and immunities with any other public policies.
 
Why do you believe that? At-will employment laws legally establish those privileges and immunities; legislators have no authority to abridge those legally established privileges and immunities with any other public policies.

The at will employment laws describe the employment relationships. They do not limit or even affect the criteria for programs that offer assistance to unemployed workers.
 
The at will employment laws describe the employment relationships. They do not limit or even affect the criteria for programs that offer assistance to unemployed workers.
Employment relationships are a legally established privilege and immunity. It really is that simple. Legislators have no authority to deny or disparage those privileges and immunities with any other public policies.
 

Forum List

Back
Top