reflections on labor day
Mike Maslanka
236 Posts
because labor day is the only holiday that touches upon what we do,it's an occasion to mull over our system of handling employment related disputes...would we be better off with a system like those in europe or south america---everyone is protected from wrongful termination---if you don't have a good reason to terminate,the employees get severance pay(or in some cases thier job back)based upon a formula including age,tenure etc....there are no multi week trials before a jury,but rather simple administative proceedings... there are no $100,000 defense costs to defend a single plaintiff case...lawyers in other countries becoming well off practicing employment law are rare birds indeed...so,i ask you all ,should we scrape what we have and start over and if we did what would we put in its place?...a final thought(or perhaps a question)---is our system the result of greedy lawyers writing the rules and getting rich off of them ,or is it a result of how we are as americans---focused on the individual(not the whole),believing that the violations of one person's rights are a violation of all our rights,understanding that other systems stifle rthinking outside the box,while ours prides itself on it?...regards from texas,mike maslanka
Comments
First, I don't think the European way is the answer. What they have is not protection from wrongful termination, it is protection from termination. I don't see our congress ever suggesting anything even remotely like it.
Which brings up #2. Our congress has lots of attorneys.... If they write the laws vague enough with a few twists and turns, then you throw in a panel of 9 judiciously ripened reviewers, who [u]is[/u] going to benefit?