WHAT DOES "AT WILL" EMPLOYMENT MEAN?

In the United States, employment is generally considered to be "at will," in the absence of a contract between the employer and the employee or in the absence of a collective bargaining between a union and an employer. At-will employment generally means that an employer may end the employment at any time for most any reason. In other words, no "good cause" is required to fire an at-will employee.

What Employment at Will Means

As are many employees only after the fact, you might be surprised to learn in advance that U.S. employers may legally fire you for just about any reason, no reason or even an unfair reason. That's partially because there are relatively few labor laws that protect workers from wrongful termination and none that generally protect from workplace "unfairness" per se. But it's more so because most states consider employment to be "at will" in legal jargon.

In plain English, the Employment At-Will Doctrine means that employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee under the doctrine, you may quit your job whenever and for whatever reason you want, usually without consequence. In turn, at-will employers may terminate you whenever and for whatever reason they want, usually without consequence.

Either party may end the relationship without prior notice, but neither party may breach contracts. Employers cannot violate state or Federal laws, and generally cannot rightfully terminate employees who refuse to do something that is contrary to public policy and sound morality, such as breaking the law. But with these few exceptions aside, it's pretty much open season on employees year round.

DID YOU KNOW?

Did you know that CEO's of major corporations have contracts? Yet some of these CEO's and their multi-billion dollar companies will do anything, including spending millions of dollars, to hire union busters to keep you and your fellow employees from organizing and getting a teamster contract with good wages, medical benefits, and a decent pension with retiree benefits!
The time to organize is now!

BE WISE AND ORGANIZE!

Desperate Measures?

Russ Fleck, from FTA Terminal, had recently set up an interview for a supervisor position with a competitor trucking company for me. However, six months ago he said that I needed to improve my managerial and social skills before I could become a supervisor at FedEx. During the twelve years of my employment here at the Fontana terminal, I have seen dock workers and managers sent out of the terminal if they planned to work with a competing company. If an employee plans to switch to a competing company, they are not allowed to give a two week notice, allegedly due to ‘company policy’. So why is it that Russ Fleck would recommend me for this position? I decided to look into Russ’ offer and talk to the manager at the competing company and it turns out that he and Russ have known each other for over 20 years. I believe that this is a trick that Russ has laid out in an attempt to terminate me because I have been involved in organizing. Though I know it is against the law to fire an employee for switching to a competing company, I have no doubt in my mind that Russ and other managers would stoop so low to break the law.

-RAY MERCADO

Be Wise and ORGANIZE!

Latest Unit to Join Teamsters Union in Drive for Rights and Respect

Latest Unit to Join Teamsters Union in Drive for Rights and Respect

Contact: David White
(202) 439-1904
June 4, 2007


(Washington, D.C.) - A group of drivers at the FedEx Home Delivery terminal in Windsor, Connecticut, who voted 12 to 9 to join the Teamsters Union on May 11, became members of Local 671 when the ballots were finally counted on Friday, June 1, due to delaying tactics by the company.

The FedEx Home Delivery single-route drivers are seeking to regain their rights and respect from a company that illegally classifies them as “contractors.” After the election is certified, Teamsters Local 671 and driver representatives will begin to bargain a contract that secures the long overdue wages, benefits and rights for these employees.

The drivers’ vote follows a similar outcome of two FedEx Home Delivery terminals outside Boston that joined Teamsters Local 25 in late 2006. The illegal FedEx Ground and Home Delivery business model of labeling its drivers as “contractors” but controlling them as employees is being challenged by FedEx workers around the country.

“The FedEx drivers are sick and tired of the misclassification that denies them fair pay and benefits and lines the pockets of FedEx management with the profits the drivers deliver every day,” said Teamsters General President Jim Hoffa. “The FedEx contractor scam has run roughshod over these workers for too long. This vote for the Teamsters marks the end of the scam for these drivers.”

“Many of the FedEx drivers in Hartford struggled for years inside the FedEx Ground scam and found the system was always tilted against them,” said Teamsters Parcel and Small Package Division Director and International Vice President Ken Hall. “FedEx would routinely make promises and not live up to them or give something here only to take it away somewhere else. By joining the Teamsters, these drivers have clearly announced to the company that it is a new day and there will be a new way.”

“Connecticut Teamsters are fully prepared to join with these newest members from FedEx to sit down with the company and hammer out a contract that provides them with the pay and benefits they deserve,” said Teamsters Local 671 President Dave Lucas.

“This is obviously a big step for these drivers but this vote will also open the eyes of people around the state to what exactly is going on with the misclassification abuse at FedEx,” Lucas said.

An election at another FedEx Home Delivery terminal in Northboro, Massachusetts is pending while the company faces a complaint issued by the National Labor Relations Board Region 1. The NLRB Region 1 complaint charges FedEx with retaliating against drivers for testifying before the NLRB and other protected union activities. The complaint further charges that the company fabricated evidence of wrongdoing and terminated four drivers for their protected free speech and union support.

The International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States and Canada.

For more information, visit www.teamster.org or www.fedexwatch.com.