— Workers' Rights Category Archives — Page 10 of 10 — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Many people in Texas and elsewhere get confused between “employment at will” and “right to work.” Both of these terms are legal terms associated with employment law, but they have distinct meanings that are crucial to understand.

Employment at will is a common law doctrine. It means that the employer can terminate the employee arbitrarily and for any reason. An employee is also allowed to leave at will for no reason or any reason. Generally speaking, when employment is at will, employers can change the terms and conditions of employment and either increase or reduce wages.

However, in many cases, an employer and an employee do sign an employment contract. In some cases, the contract specifies that termination is only for just cause, or the employer and employee agree verbally that the employment will end only because of a just cause within a specific window of time. Sometimes employee handbooks provide language that shows employment is not at will, as do certain collective bargaining agreements.

Neil M. Gorsuch has recently become the 113th justice of the United States Supreme Court. Republicans had refused to consider President Obama’s Supreme Court nominee, Judge Merrick Garland, claiming that the choice of a justice to replace Justice Antonin Scalia should belong to the president who succeeded Obama. Once Democrats filibustered, they altered the Senate rules in order to push Judge Gorsuch through. Appointed by President Trump and aggressively pushed through the confirmation process, Judge Gorsuch may be able to serve on the Court for 30 or more years and is likely to leave a lasting impression on the Court’s jurisprudence.

The confirmation is a potential disaster for workers’ rights. Although Judge Gorsuch is a highly esteemed judge, his past decisions show far more sympathy for corporations than their employees. He is highly likely to rule in a similar fashion in the future, although there have been Supreme Court justices in the past whose views shifted once they were on the bench.

Judge Gorsuch’s decisions during his decade-long tenure on the United States Court of Appeals for the 10th Circuit have shown he believes that corporations should have the same rights of religious freedom and free speech as people. This approach—placing corporations on the same playing field as human beings—has helped big business in the past and evinces little concern for workers and their lives.

Articles Posted in Workers’ Rights

What is the difference between “employment at will” and “right to work”?

What will Neil Gorsuch mean for workers’ rights?