Quote:
Originally Posted by Makarov
None of this is really very accurate. For example, absent a "just cause" clause, a person can indeed be dismissed from employment even if it amounts to discrimination. As far as I know, no provincial Human Rights Code grants the authority to return a successful applicant to their former position. The only remedy available is an award of damages.
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Oh it's very accurate. Deal with it all the time as a manager in a large multinational. We get a significant amount of training every year on it. You don't get to just terminate. There is paperwork and explanation and usually to top it off and exit agreement signed and package given. To quote one source that agrees the companies approach.
"So there really is no such thing as “at-will” employment except for how long the employee decides to stay. From the employer’s perspective, the employment relationship is really a blend of statutory, contract/policy and circumstance."
http://www.hrexaminer.com/why-at-wil...isn%E2%80%99t/
The very good example the author gives is a company with a progressive discipline policy. It undermines at will because you aren't truly practicing at will as a company. You have laid out very specifically how one gets terminated in the company. Heck in some cases performance reviews do the same as they serve as the start to the discipline system in companies.
I've never worked for a company that didn't have progressive discipline.
So in short as the author says unless the manual and practice is only EEO statements and benefit and leave explanation you are unlikely to truly be an at will employer...no matter what you believe. It's why HR departments and company lawyers exist...so you hire and fire properly without getting the company in trouble. And it extends far beyond just your protected classes.
Also awarded damages can indeed be reinstatement of the job.