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The History Of Employment At Will


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William Allan Kritsonis, PhD
(Revised Summer, 2009)

William H. Parker Leadership Academy Hall of Honor

In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students.

Dr. Kritsonis Lectures at the University of Oxford, Oxford, England

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.

Dr. Kritsonis Recognized as Distinguished Alumnus

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. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”

Educational Background

Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California.

Doctor of Humane Letters

In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana.

Professional Experience

Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities.
Books – Articles – Lectures - Workshops

Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 600 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad.
In 2008, Dr. Kritsonis coauthored the textbook A Statistical Journey: Taming of the Skew. The book has been adopted by professors in many colleges and universities throughout the nation. It was published by the Alexis/Austin Group, Murrieta, California.
In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002.
In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels.
In 2009, Dr. Kritsonis’ b

Published in: Education, Career
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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. </li></ul><ul><li>Muhl, C. (2001). The employment-at-will doctrine: Three major exceptions. Retrieved April 10, 2008, from http: // art1full.pdf </li></ul><ul><li>Wood, H. G. (1877). A treatise on the law of master and servant. Retrived April 10, 2008, from </li></ul><ul><ul><ul><li>-is_4_39/ai_53474566/pg_k-31k </li></ul></ul></ul><ul><li>  </li></ul>