Monday
night in Lake City - Employee "at will"
A bad policy
for employees and the City
Columbia County, FL (Posted Nov 14, 2010 05:00 pm)
Monday night, November 15th at 07:00 pm, the city will discuss implementing its new Personnel Policy Manual. Everything good and every progressive rule included in the manual is made meaningless by these two words, “at will.” This is a one sided manual, which still makes it possible for the City to ask an employee to commit perjury and if they don’t, be fired.
The United States is the only country in the industrialized world that provides no protection against wrongful termination of employment.
Florida is among only a handful of states that provides no caveats against arbitrary, abusive or wrongful termination of employment.
In the US, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all. Florida is an "employment at will" state. This means an employee in Florida can be fired -- "because." In Florida, it is established law that no reason has to be given. An employee can be fired because his employer invokes the "Feagle feel like it principle" and just says, "You're outta here."
There are generally three exceptions to at will employment: 1. A public policy exception. This would violate a public policy of the State, such as a law to protect policemen. 2. An implied contract exception. An example of this is an employee handbook. 3. A covenant of good faith and fair dealing. This means that termination made in bad faith or motivated by malice are prohibited [Shane and Rosenthal, Employment Law Deskbook, § 16.03[8]].
Three Jim Crow states don't recognize exceptions
Some or all of the three exceptions to "at will" employment are recognized by forty six states. Three of the Jim Crow states, Florida, Georgia, and Louisiana, as well as Rhode Island don't recognize any of the exceptions.
The Rudolph Davis affair, previously reported in the Observer, has brought to the forefront the fact that almost any employee that works for Lake City, or Columbia County, can be fired at anytime for no reason. This does not include some contract employees, such as the county manager, city manager and city police chief.
Mr. Davis worked for Lake City for 19.5 years and was terminated for no reason. The City has what it calls reasons, which it could voluntarily release, but it is not talking.
The Court and the Legislature
Many courts have argued that an exception to "at will" employment is best not left to judges, but to the legislatures "after the public has had its opportunity to communicate its views."
The local legislature of Lake City is the Lake City Council. It has the power to make local laws, which are called ordinances. These ordinances are enacted after the people have been heard.
The City Council has the power to move into the 21st century and make the Lake City Personal Policy Manual binding on both management and employees.
The people of Lake City have the right to demand and be heard regarding a local ordinance that protects city employees, their neighbors, from arbitrary, abusive or wrongful termination of employment.