AUGUSTA - The Legislature's Joint Standing Committee on Labor and Housing voted to advance LD 553, a bill to end at-will employment, sponsored by the committee's House chair, Rep. Mike Sylvester, D-Portland, on Friday.
At-will employment allows employers to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Currently, Maine has no provisions against at-will employment practices.
The bill ends at-will employment practices in Maine by prohibiting an employer from terminating an employee without cause. Specifically, the employer may terminate an employee for cause after first applying a three-step progressive discipline policy and must notify the employee of the cause for dismissal.
Progressive discipline is the series of steps a supervisor or human resources representative uses to document and coach an employee who is not performing to the company's set standards. These policies are generally used as a way to clearly communicate an issue with the employee and create a plan of action that helps the employee improve their overall work performance. LD 553 would standardize progressive discipline policy in Maine.
"Growing up in a single-parent household, I understood early on what it meant to lack security in employment," said Sylvester. "Knowing that you can go into work and do your best, no matter who you are, what you look like or even if you aren't the kind of person people like, no matter what your political persuasion or home life and get a fair shake for a fair day's work is a fundamental human right. That's all this bill seeks to give Maine workers. As a small, seasonal employer myself, that's what I try to give my employees every day. Its what I believe that most Maine employers want to give to their workers."
An amendment to the bill addresses concerns from employers about the myriad of situations which might lead to an employer to need to quickly terminate an employee. The amendment allows employers to list fireable offenses specific to their businesses as well as to allow discretion for employers to react to situations which create unsafe conditions for a business, its employers or customers.
"The United States is alone in the industrialized world in the concept of at-will employment," said Sylvester. "A large majority of Americans across party lines support just cause provisions. This is about fairness, plain and simple."
The bill faces further votes in the House and Senate in the coming weeks.
Sylvester is serving his third term in the Maine House and represents part of Portland. He serves as House chair of the Joint Standing Committee on Labor and Housing.
Contact:
Jackie Merrill [Sylvester], c. 812-1111