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Employers have many labor options available to them. Employers may hire employees directly as "permanent" at-will employees, employee-leasing, use temporary and contract labor and outsource functions entirely. We believe that outsourcing work to an in-house independent employee-owned labor pool or Support LLC (tm) is the best possible labor solution. In addition, by way of an equity stake in the Support LLC, your company can have a shared investment in the success of this independent labor pool and achieve additional cost savings.

So called "permanent" employment is legally classified as Employment-At-Will. Legally this means that the employment contract can be terminated at any time by either party for any reason (more or less). In other words "permanent" employment is minute to minute (or second to second) and there is no contractual guarantee or implication of a long term relationship by either the employer or the employee.

The Republican Party has made it its mission in life to preserve employment-at-will and to protect the employer's right to fire employees-at-will at any time for any reason; the federal government only requires that if an employer is going to fire a lot of employees-at-will, that it give legal notice in advance. As far as we know, every Court in the country has refused to allow statements in employment handbooks and/or oral promises by the employer to be used to transform employment-at-will into employment for a specified duration (i.e to transform the employment relationship from being at-will into the employment being a property interest).

You are not an employee at will if you have a contract to work for a specified duration or you are a government worker. In these types of employment, your job is considered a property interest. What this means is that your job is property (something you own) and therefore your job cannot be taken away unless your employer first accords you due process of law.

Temps are employees-at-will just like "permanent" employees, both types of employment are minute to minute and there is no implied guarantee of long-term employment. Permanent employees are merely suffering from a grand delusion, whereas Temps know that they may not have a job tomorrow. Health benefits, retirement, etc. are merely part of the compensation (and should be taxed as such). I doubt that anyone would say that a permanent secretary making $12.00 per hour with benefits is better off than a temp making $50.00 per hour with no benefits. The fact is that Temps and Consultants are subsidizing "permanent" employees because "permanent" employees get compensated in the form of employment benefits which aren't taxed.

An employer on Long Island once promised to pay new hires $5,000 a year as a signing bonus. The $5,000 was to be reduced by a certain percentage a year until it became zero. It was argued in court by a discharged employee that it would have taken more than 200+ years for that $5,000 to become zero and that therefore the employment relationship was not "at-will", i.e. that the employment was for a specified duration and a "property interest". A federal judge refused to allow this argument and held that even with the promise of compensation for 200+ years, the employment was still at-will. This is typical of courts in the US, employment-at-will is a US institution, it is sealed in stone and the US is the only major industrialized county in which the majority of workers are employees at will.

Employment for the majority of workers in the US is government by their state's Master Servant Clause. The Master Servant Clause holds that employment, unless contractually stipulated to otherwise by the parties in a written contract, is At-Will and that the employment contract may be terminated at any time for any reason by either party.

As a result, the unemployment rate in the United States could technically be nearly 100% in 90 days because there is no legal barrier to employers firing all at-will employees if they choose to. Clearly, Employment-At Will Is A Threat To The National Security Interest of The United States.

by Matt Fondel on 07/01/2012 at 20:11