The History of Employment At Will  William Allan Kritsonis, PhD
Origin of Employment at Will <ul><li>byproduct of the industrial revolution in England and the United States </li></ul><ul...
Exceptions to employment at will <ul><li>employees represented by trade unions </li></ul><ul><li>civil servants </li></ul>...
  National Labor Relations Act  (NLRA), 29 USC §158(a)(1)(3)(4). <ul><li>The NLRA prohibits the discharge of employees for...
  Fair Labor Standards Act  (FLSA), 29 USC §215(a)(3), 216(b). <ul><li>The FLSA prohibits discharge of employees for exerc...
    Title VII, Civil Rights Act of 1964 , 42 USC §2000(e)-23(a). <ul><li>Title VII prohibits discharge of employees </li><...
    Age Discrimination Employment Act  (ADEA), 29 USC §623, 631, 633(a).  <ul><li>  The ADEA prohibits age based discharge...
    Americans With Disabilities Act  (ADA), 42 USC §1201 et seq.   <ul><li>  The ADEA prohibits age based discharges of em...
    Employee Retirement Income Security Act of 1974  (ERISA), 29 USC §1140, 1141 .   <ul><li>  ERISA prohibits the dischar...
      Consumer Credit Protection Act  (CCPA), 115 USC §1674(a). .  <ul><li>The CCPA prohibits discharge of employees becau...
      Larsen Civil Rights Act  (ELCRA), MCLA §37.2101. .  <ul><li>The ELCRA prohibits discharge based on race, color, reli...
      Michigan Handicappers' Civil  Rights Act  (MHCRA), MCLA §37.1101. .  <ul><li>The Handicappers' Act prohibits dischar...
      Michigan Whistleblowers'  Protection Act  (MWPA), MCLA §15.362. .  <ul><li>The Whistleblowers' Protection Act prohib...
      States that do not recognize the public policy exception .  <ul><li>Alabama, </li></ul><ul><li>District of Columbia ...
    states that do not recognize the implied contract exception    <ul><li>Delaware </li></ul><ul><li>Florida </li></ul><u...
    states that do not recognize  the  covenant of good faith & fair dealings  exception    <ul><li>Alabama </li></ul><ul>...
    References <ul><li>Glazier, B. (2006).  The law of wrongful discharge. Retrieved April 10,  2008, from http://www. Bos...
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The History Of Employment At Will

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School Law - Dr. William Allan Kritsonis

Dr. William Allan Kritsonis Inducted into the William H. Parker Leadership Academy Hall of Honor (HBCU)

Remarks by Angela Stevens McNeil
July 26th 2008

Good Morning. My name is Angela Stevens McNeil and I have the privilege of introducing the next Hall of Honor Inductee, Dr. William Allan Kritsonis. Dr. Kritsonis was chosen because of his dedication to the educational advancement of Prairie View A&M University students. He earned a Bachelor’s degree in 1969 from Central Washington University in Ellensburg, Washington. In 1971, he earned his Master’s in Education from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa.
Dr. Kritsonis has served and blessed the field of education as a teacher, principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. He has also earned tenure as a professor at the highest academic rank at two major universities.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing through the Realms of Meaning.
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.
Dr. William Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected scholarly academic periodicals. In 2004, he established the DOCTORAL FORUM – National Journal for Publishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. Over 300 articles have been published by doctorate and master’s degree students and most are indexed in ERIC.
Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University.
Dr. William Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels. It is my honor to bring him to the stage at this time as a William H. Parker Leadership Academy Hall of Honor Inductee.

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The History Of Employment At Will

  1. 1. The History of Employment At Will William Allan Kritsonis, PhD
  2. 2. Origin of Employment at Will <ul><li>byproduct of the industrial revolution in England and the United States </li></ul><ul><li>written By Horace G. Wood as an authoritative treatise on the law of master and servant in 1877 </li></ul><ul><li>Enabled Both employee and employee free to end employment relationship at any time for any reason </li></ul><ul><li>erosion of the employment at will rule began with exceptions being created for certain classes of employees </li></ul>
  3. 3. Exceptions to employment at will <ul><li>employees represented by trade unions </li></ul><ul><li>civil servants </li></ul><ul><li>members of classes historically subjected to discrimination </li></ul><ul><li>Public policy </li></ul><ul><li>Implied contract </li></ul><ul><li>Implied covenant of good faith and fair dealing </li></ul><ul><li>statutory exceptions </li></ul>
  4. 4. National Labor Relations Act (NLRA), 29 USC §158(a)(1)(3)(4). <ul><li>The NLRA prohibits the discharge of employees for union activity, protected concerted activity, filing charges or giving testimony under the Act. The NLRA was passed in 1935 and established a federal policy to promote collective bargaining and to define employee rights in detail. In addition to prohibiting discharge of employees for unionizing activities, the NLRA also gave rise to labor unions which negotiated collective bargaining agreements restricting arbitrary termination of unionized employees . </li></ul>
  5. 5. Fair Labor Standards Act (FLSA), 29 USC §215(a)(3), 216(b). <ul><li>The FLSA prohibits discharge of employees for exercising rights guaranteed by the minimum wage and overtime provisions of the Act. In general, the FLSA requires employers to pay time and one half to employees who work more than 40 hours per week. Certain employees are exempted from the provisions of the FLSA based upon their executive, administrative or professional status. </li></ul>
  6. 6. Title VII, Civil Rights Act of 1964 , 42 USC §2000(e)-23(a). <ul><li>Title VII prohibits discharge of employees </li></ul><ul><li>based on race, color, religion, sex or national origin. The Act also prohibits an employer from retaliating against an employee for exercising Title VII rights. In 1991, the Civil Rights Act was amended to broaden the coverage of the Act for jury trials and to provide for compensatory/punitive damages under certain circumstances. </li></ul>
  7. 7. Age Discrimination Employment Act (ADEA), 29 USC §623, 631, 633(a). <ul><li> The ADEA prohibits age based discharges of employees by private employers and the federal government and protects employees against retaliation for exercising statutory rights. </li></ul>
  8. 8. Americans With Disabilities Act (ADA), 42 USC §1201 et seq. <ul><li> The ADEA prohibits age based discharges of employees by private employers and the federal government and protects employees against retaliation for exercising statutory rights. </li></ul>
  9. 9. Employee Retirement Income Security Act of 1974 (ERISA), 29 USC §1140, 1141 . <ul><li> ERISA prohibits the discharge of employees in order to prevent vesting of pension rights and governs how pension plans are to be administered by private employers. </li></ul>
  10. 10. Consumer Credit Protection Act (CCPA), 115 USC §1674(a). . <ul><li>The CCPA prohibits discharge of employees because of garnishment of wages for any one indebtedness. </li></ul>
  11. 11. Larsen Civil Rights Act (ELCRA), MCLA §37.2101. . <ul><li>The ELCRA prohibits discharge based on race, color, religion, national origin, age, height, weight, marital status, or sex. The ELCRA provisions mirror, in many respects, the provisions of Title VII. The scope of coverage for Michigan employers is somewhat larger under the ELCRA. </li></ul>
  12. 12. Michigan Handicappers' Civil Rights Act (MHCRA), MCLA §37.1101. . <ul><li>The Handicappers' Act prohibits discharge based on a handicap which is unrelated to the individual's ability to perform the particular job or position. The statute mirrors in many respects, the Americans With Disabilities Act. A review of the differences between the two statutes is beyond the scope of this manual. </li></ul>
  13. 13. Michigan Whistleblowers' Protection Act (MWPA), MCLA §15.362. . <ul><li>The Whistleblowers' Protection Act prohibits retaliatory discharge of employees for reporting a violation or suspected violation of law, regulation, or rule of state or political subdivision, unless the employee knows the report is false. The Act also prohibits the discharge of an employee requested to participate by a public body in an investigation, hearing, inquiry, or court action. The Act imposes strict time limits on employees who wish to pursue the Whistleblower claims. </li></ul>
  14. 14. States that do not recognize the public policy exception . <ul><li>Alabama, </li></ul><ul><li>District of Columbia </li></ul><ul><li>Florida </li></ul><ul><li>Georgia </li></ul><ul><li>Louisiana </li></ul><ul><li>Maine </li></ul><ul><li>Nebraska </li></ul><ul><li>New York </li></ul><ul><li>Rhode Island </li></ul>
  15. 15. states that do not recognize the implied contract exception <ul><li>Delaware </li></ul><ul><li>Florida </li></ul><ul><li>Georgia </li></ul><ul><li>Indiana </li></ul><ul><li>Louisiana </li></ul><ul><li>Massachusetts </li></ul><ul><li>Missouri </li></ul><ul><li>Montana </li></ul><ul><li>North Carolina </li></ul><ul><li>Pennsylvania </li></ul><ul><li>Rhode Island, </li></ul><ul><li>Texas </li></ul><ul><li>Virginia </li></ul>
  16. 16. states that do not recognize the covenant of good faith & fair dealings exception <ul><li>Alabama </li></ul><ul><li>Alaska </li></ul><ul><li>Arizona </li></ul><ul><li>California </li></ul><ul><li>Delaware </li></ul><ul><li>Idaho </li></ul><ul><li>Massachusetts </li></ul><ul><li>Montana </li></ul><ul><li>Nevada </li></ul><ul><li>Utah </li></ul><ul><li>Wyoming </li></ul>
  17. 17. References <ul><li>Glazier, B. (2006). The law of wrongful discharge. Retrieved April 10, 2008, from http://www. Bosglazier.com/wdis.shtml </li></ul><ul><li>Muhl, C. (2001). The employment-at-will doctrine: Three major exceptions. Retrieved April 10, 2008, from http: //bls.gov/opub/mlr/220/01/ art1full.pdf </li></ul><ul><li>Wood, H. G. (1877). A treatise on the law of master and servant. Retrived April 10, 2008, from http://findarticles.com/p/articles/mi_mo_348/ </li></ul><ul><ul><ul><li>-is_4_39/ai_53474566/pg_k-31k </li></ul></ul></ul><ul><li>  </li></ul>

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