Elmer has been a faithful worker at the Mid-America Manufacturing Company for over thirty years. One day when he comes to work, he gets called into the foreman's office and is told that the company has decided to lay off all of its 250 current employees and move the plant out of the country
a. Does Elmer have any protections under the common law doctrine of employment at will? Explain.
b. Does Elmer have any protections under employment discrimination law? Explain.
a . Elmer has no protection under the common law doctrine of employment at will unless he had an employment contract for a specified term or he is represented by a labor union. He can be fired or laid off at any time with or without cause.
b. Elmer has little protection under employment discrimination law either, unless he can prove that he was discriminated against based upon race, color, creed, sex, age, or national origin. Elmer may have some protection under a contract provision negotiated by a union or other employee group. Under the Worker Adjustment and Retraining Notification Act (WARN), Mid-American must provide 60 days' advance notice of a plant closing or mass layoff. Notification must also be given to specified state and local officials.
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