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.
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 for a specified duration and a "property interest". A federal judge refused to allow this argument and held that even with the promise of money 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 governed by their state's Master Servant Clause. The Master Servant Clause holds that employment, unless contractually stipulated to otherwise by the parties, 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.
At various times during our history, particularly in the last twenty years or so, the public has had to come face to face with the fact that it may not have a job to go to tomorrow. But in general, for the majority of people, the fact that they are employees-at-will is irrelevant. They have no problem working at the same stupid company with the same stupid people for twenty or thirty years until, hopefully, they live long enough to retire. We are of the opinion that this is about to change radically.
One professor stated in an op-ed story in the New York Times, that in the future, no one of value will be an employee, that employment will be composed entirely of the mediocre, the people with no marketable skills to sell. Today, the people that any company considers of value, are signed to employment contracts. If you don't have an employment contract, your company clearly does not consider you to be essential to its business plan.
In addition, North American may no longer be the most desirable or attractive consumer market. North American has to read an article in the New York Times to know what music is good music. North America has environmental issues. North American has ethical problems with animals being killed. North America has a problem with cigarettes. Why bother with North America?
What if one day the transnationals just pulled out. What if one day Corporate America, the entity that has been receiving all the tax breaks and grants and free infrastructure, simply decided that North America no longer provided the best investment return for its shareholders. The United Autoworkers seem to believe that this could happen.
The United States' military might and its ability to provide and enforce a stable market for investment and money storage, probably makes it unlikely that all the multinationals will just pull out, they will all probably want to maintain a presence here, just to be in a position to force the US to defend their investments in other countries. But the fact that the multinationals clearly don't view North American as the promised land any more is having an impact and we believe it will have an even greater impact in the years to come. The most radical move we believe will be the jettisoning of employees. Having employees, we believe, will soon be viewed as a liability, the battle cry will be: "Only an idiot company would have employees".
"Family" will be defined as a group of people in a Relationship LLC (R) who care about each other and want to help each other through life. The labor market will be composed of associations of people in LLCs who have come together to market their skills to businesses.
Rather than throwing money at transnational corporations that are not even American entities, states will view their employee owned businesses as vital economic infrastructure (tm) which is to be nurtured and promoted.
Perhaps the people with a personal animosity against poor people will find it easier to relate to those people as businesses. This is Infrastructuring.
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Gay Marriage LLC, Gay Marriage Limited Liability Company, gaymarriagellc.rllc.com
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Civil Union LLC civilunionllc.rllc.com
DomesticPartners LLC (tm) Tempsters (tm)
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