[Mpls] Re: previously 'fire at will' discussion

[Socialist2001 at cs.com]

In a message dated 7/2/2005 10:17:15 PM Central Standard Time, 
Mhohmann writes

'Fire at will' is a bit of a misnomer. 'At will employment' is the correct
term and means simply that- if an employee is not under contract, he or she
is an at-will employee. An employer can dismiss an at-will employee hired for 
an indefinite term at any time for any non-discriminatory reason.

Doug Mann responds:

An employment contract exists if there is an employer-employee relationship, 
even if there is not a written contract.  'At will employment' is the default 
status for most types of employment in Minnesota.  On the other hand, Union 
contracts typically do not permit employers to terminate an employment contract 
except for just cause, lack of work, etc.  Ditto for employees covered by the 
Teacher Tenure Act.
RE: [Mpls] Steve Belton v. Thandiwe Peebles

[MH] I was under the impression that the employees in question were
policy/administrative/mgmt -type positions.  If that is the case I see no
need for tenure at all.  Contracts are one thing, tenure is another (a
contract+ if you will).  Most public service-type employers seem to make the
top administration people (i.e. those reporting directly to the chief exec.
officer) 'at will' employees that serve at the pleasure of the top/chief
exec. officer...

Doug Mann responds:

It appears that the administrative / Management types in question are not 
"tenured" employees. Tenured teachers, for example, may not be fired without just 
cause, unless their job is eliminated for reasons listed in the Teacher 
Tenure Act, such as declining student enrollment.  However, contracts with top 
administrative employees have required the superintendent to show just cause for 
disciplinary actions, including firings. The district has also had a 
progressive disciplinary policy and some sort of due process for most regular employees, 
including the superintendents top aides.

-Doug Mann, King Field
former union steward and griever
http://educationright.com/blog