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View Diary: SCOTUS: Corporations defeat Workers & Consumers, 5-4 (132 comments)

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  •  One thing about Employment Law (12+ / 0-)

    That always depresses me is that it seems like a lot of courts are just plain ignorant about power dynamics in the work place.  The common law doctrine of at-will employment, where either party was free to walk away or freely negotiate the terms of employment, may have been applicable at one point in history.  But it's not what the average worker faces today.

    •  Pampered people who spend their entire careers (2+ / 0-)
      Recommended by:
      Hens Teeth, RandomSequence

      brown-nosing and selling out aren't likely to have power struggles and therefore aren't likely to appreciate the power imbalance. No one should be appointed judge unless they can show that they tried to buck a system somewhere along the line.

      Truth forever on the scaffold, wrong forever on the throne. - James Russell Lowell

      by Deep Harm on Mon Jun 21, 2010 at 02:15:56 PM PDT

      [ Parent ]

    •  Ignorance or malice? (1+ / 0-)
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      Do you really think these right-wing ideologues actually believe a worker has the same degree of free will as his/her boss?

    •  I think at will employment is fine actually (1+ / 0-)
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      But I do think that some of the other doctrines need to be changed.  And frankly they should be changed as part of common law.  The beauty of common law is that it's not static (despite what so many conservatives think), it's designed to be flexible and changeable.  Furthermore, it can be adjusted to meet modern realities.  I favor at will employment because I think it's good for businesses and employers in general to be able to hire who they want and fire who they want when the need arises with some major caveats of course.  

      But where I think the law does need to change is on mandatory, binding arbitration requirements in employment contracts.  People should have the right to hear their claims in court before an obvious neutral who can actually sort out and enforce the terms of the contract.  Or they should at least have the right to appeal the results of their arbitration to a court and courts should review de novo.  I feel this way if only because good employers are not going to fire good employees...and msot large corporations and LLCs (those who have employment contracts with mandatory binding arbitration contracts) have been repeatedly shown to NOT be good employers.  

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