The following is not meant to be legal advice.
On October 27, 2007 Thomas Walker, Walker Law, a professor and attorney who practices employment and ERISA law, in Palo Alto, CA, spoke in San Francisco, CA on discrimination.
Walker mentioned that even with all the training on discrimination, harassment, there are still employment claims on the matters. Many cases are taken away from the EEOC and DFEH and are privately prosecuted by attorneys. These days, discrimination cases have fewer class actions because the facts are personal to the employees. There are more wage and hour class actions because employees are likely to have the same facts.
“At will” is the American rule in employment. It is presumed that employees are at will when they are employed. Managers can terminate someone for anything, and it is not illegal to do so. This means that the employee may also quit at anytime, no matter how much an employer puts into training that person, or increasing the person’s market value.
This is different from the English rule where in England, employers cannot terminate employees until after one year. This is done in England to prevent seasonal employees from being put out to the streets during the winters after the spring positions are over.
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