This paper offers a reflective analysis of three key areas of employment law likely to evolve in coming years: the at-will employment doctrine, workplace drug testing policies, and employee gun rights. The author examines the societal ramifications of at-will employment, arguing that deeper employer-employee commitments could reshape work culture. The paper then considers how expanding marijuana legalization may challenge employers' authority to screen for drug use, and how rising societal violence may push future employment law toward permitting employees to carry firearms. A secondary section evaluates an online resource on the five core employment law principles.
The legal principle of at-will employment is one that carries both positive and negative ramifications. On the positive side, it allows employees to quit at any time and seek employment elsewhere — a beneficial option when a worker decides, for whatever reason, that a job is no longer right for them. On the other hand, this principle could undermine the entire structure of the employer-employee relationship, giving it an indeterminate or unstable footing.
Depending on the nature of the job or line of business, it might actually benefit both parties to develop a relationship built on commitment, so that each side knows the other is fully invested — somewhat like a marriage. This kind of investment carries ramifications beyond the mere business arrangement; it has societal implications as well. For instance, if an employer and employee negotiate a contract that is not at-will, this sets a tone for other employers and employees in society and could develop into a broader trend, supporting a fundamental shift in the way society thinks about work and employment.
It could even be that such a course runs civilization back toward a model of work similar to the old world, in which one entered a guild of some sort and spent years as an apprentice. This would become a way of life, and an entirely new structure of work and society would unfold. Given the degree of legalism in today's legal proceedings, it would not be surprising to see a development of this kind at some point in the future, as employers and employees grow more close-knit — almost like families — in order to survive and thrive.
Another aspect of employment law likely to change in the future is workplace drug testing. As the nation embraces the relaxation of marijuana laws, this will likely impact employment law in ways that restrict or eliminate employer testing for marijuana. It may eventually become unlawful for employers to screen for any drugs at all. If drug use is permitted at the state level but still prohibited at the federal level, there exists a potential recipe for legal conflict as lawsuits are filed over competing rights and jurisdictions.
The tension between state and federal authority is not new, of course, but it raises important questions that should be debated in the public forum: do employers actually have the right to screen applicants for drug use, particularly in a culture that has grown increasingly permissive over the years? For many individuals, drug use is considered a responsible form of recreation, and the law may eventually be required to reflect that reality.
"Rising violence and employee firearm rights at work"
"Review of Vault Law Blog's employment law article"
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