| Description |
My objective here is to question the apparent consensus that existing wrongful discharge law has basically taken care of the most egregious and socially harmful abuses of employer power. I will argue that the at-will presumption continues to operate within the realm of wrongful discharge protections against employer discrimination and retaliation; it continues to surround and undermine each of those protections. The law of wrongful discharge is like a fleet of vessels, varying in size and seaworthiness, that must travel over the stormy sea of employment at will. The at-will regime poses challenges in the form of difficulties of proof, delay, and cost, any of which may shipwreck many a legitimate claim. (Description by Author) |