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November 2011

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Subject:
From:
Michael O'Hara <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Fri, 11 Nov 2011 22:11:13 -0600
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ALSBTALK:

Oh, OK, that makes sense.

Given the USA Constitution's Amendment XIII as a basis for at-will I strongly suspect that minor whittling rather than major hacking is the maximum reduction of at-will.

Amd. XIII reads, in total, as follows.
     "Section 1.  Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
     "Section 2.  Congress shall have power to enforce this article by appropriate legislation."

And, when that whittling occurs (e.g., whistleblowing as an extension of the pre-Amendment criminal prohibition on aiding and abetting) the absolute power to terminate will not be affected, but rather the scope of the privilege to terminate without owning damages will be contracted.

Accordingly, I would forecast a strengthening of at-will with an onset of national health care since the employer's opportunity to apply economic pressure to the employer beyond that which is proportional to the employer's rights and privileges, necessarily, would be reduced.  Reduced duress ought mean more at-will.

Michael

Professor Michael J. O'Hara, J.D., Ph.D.
Finance, Banking, & Law Department
College of Business Administration
Mammel Hall 228 
University of Nebraska at Omaha
6708 Pine Street 
Omaha  NE  68182-0048
[log in to unmask] 
(402) 554 - 2823 voice  fax (402) 554 - 2680
http://cba.unomaha.edu/faculty/mohara/web/ohara.htm

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