The concept of employment-at-will has long dominated U.S. labor practices, allowing employers to terminate employees without cause. While this provides flexibility for businesses, it often leaves workers vulnerable to sudden job loss, discouraging them from speaking out about workplace issues. Mark J. Berkowitz, a labor and employment attorney practicing in Fort Lauderdale since 1995, highlights the importance of implementing a “just cause” standard to protect workers from arbitrary dismissals.
In his recent article for The Florida Bar Journal, Berkowitz emphasizes that local ordinances can play a vital role in safeguarding employees’ rights. He points to New York City’s 2021 law requiring just cause for terminating fast-food workers as a successful model. These laws mandate progressive discipline and demand written explanations for terminations, promoting fairness and transparency in employment decisions.
Berkowitz, who also serves as an adjunct professor at St. Thomas University College of Law, teaching alternative dispute resolution, argues that just cause standards can help balance managerial authority with employee rights. By establishing clear guidelines for dismissal, these ordinances foster workplace stability and encourage open communication between employers and employees.
As Berkowitz notes, adopting local just-cause ordinances could lead to more equitable labor practices nationwide. He advocates for expanding these protections to additional industries, ensuring workers have meaningful access to fair dismissal processes. His insights underscore the need to reform traditional employment practices, creating a system where fairness and accountability prevail.