Question

In: Economics

list and explain three of the legal, ethical, and socio-economic conditions in the United States in...

list and explain three of the legal, ethical, and socio-economic conditions in the United States in the 19th Century that led a majority of U.S. state courts to adopt the at will doctrine?

Solutions

Expert Solution

It seems to have been a massive mistake and it's being traced back to a New York case in the late 19th century by modern legal scholars.

Under British common law, employees have the right to notify before being dismissed, except where the employer has cause to dismiss them. It appears the lawyers and judges in a New York case merely misread the British law on the subject. The case cited three British cases, which seemed to support the argument the workers with no defined term of employment could be fired 'at will' under British common law. That precedent spread across the United States (with the exception of Louisiana, which does not use common law).

But for the British cases cited in the decision claim no such thing. All of these cases support the claim that employees who do not have a fixed term of employment are entitled to a notice period before being dismissed if there is no reason to do so. In fact, that is the law in all Commonwealth States. In most nations, it is also the law which has a civil code.

As such, U.S. jobs "at will" is an aberration. That surprises American companies like Wal-Mart, who come to Canada and find that without consequences they can't just fire people. They fired an assistant manager in Ontario whose life had become a living hell when she refused to falsify a missing temperature entry that wasn't made when she was on holiday. That cost half-million for Wal-Mart.


Related Solutions

1. List the six economic functions of the United States Government and explain each using a...
1. List the six economic functions of the United States Government and explain each using a brief statement. 2. Describe what constitutes a "Spillover Cost" and provide an example of one. 3. Describe what constitutes a Spillover Benefit and provide an example of one.
List the six economic functions of the United States Government and explain each using a brief...
List the six economic functions of the United States Government and explain each using a brief statement.
Explain the tools of the United States Economic Policy.
Explain the tools of the United States Economic Policy.
list three positive effects and three negative effects of high population growth on the socio-economic development...
list three positive effects and three negative effects of high population growth on the socio-economic development of Ghana.
Discuss two legal cases that have impacted abortion in the United States. Describe the specific ethical...
Discuss two legal cases that have impacted abortion in the United States. Describe the specific ethical issue that was impacted by the outcome of the case.
Discuss the sociological and economic conditions, in the United States, that have changed since the passage...
Discuss the sociological and economic conditions, in the United States, that have changed since the passage of the NLRA.
Should college education be free in the United States. Please explain what socio-cultural impacts this can...
Should college education be free in the United States. Please explain what socio-cultural impacts this can have and how it could affect/benefit our economy. Provide examples so I can better understand its impact. Thank you!
ETHICAL INQUIRY OF outsourcing in the United States?
ETHICAL INQUIRY OF outsourcing in the United States?
Explain the economic changes in northern states of the United States in the early 1800s. How...
Explain the economic changes in northern states of the United States in the early 1800s. How did industrialization, urbanization, the market revolution, and the transportation revolution change America? What were its effects on society and culture?
Explain the "Game Theory" in terms of socio-economic analysis and the three main perspectives to which...
Explain the "Game Theory" in terms of socio-economic analysis and the three main perspectives to which this theory contributes.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT