Day 137 - 19 Jun 95 - Page 61


     
     1
     2   Q.   In fact, perhaps unsurprisingly, 84 per cent leave for what
     3        one might call stated reasons, uncontroversial reasons,
     4        something like six per cent are said to have been
     5        dissatisfied.  That is not my question.  My question is
     6        whether Oakbrook is capable of producing a similar document
     7        at the present time?
     8        A.  No, it is not.
     9
    10   Q.   Is this another of your computer problems?
    11        A.  Yes.
    12
    13   Q.   If you had to do it, how long would it take to do this
    14        nationally?
    15        A.  I do not think they are capable of doing this, period,
    16        with our system.  It would -- it just would not happen, it
    17        could not happen.  I would actually love to bring a chart
    18        showing the spaghetti networks on our crew payroll system.
    19        I think a picture would be worth a thousand words.
    20
    21   Q.   No, save us, please.  Just before his Lordship rises,
    22        Mr. Stein, there is one particular thing that, perhaps,
    23        you, as a United States lawyer, can help us with.  Can you
    24        put the yellow one you have there on one side and replace
    25        it, please, with volume pink XI?  Turn, please, to tab 6
    26        which is the American Crew Handbook once again?
    27        A.  Yes, sure.  I have it.
    28
    29   Q.   Turn to the first page of the handbook until we find
    30        ourselves at page 305?
    31        A.  Yes.
    32
    33   Q.   I want you to look at the words on the bottom of the page.
    34        I am going to read them out:  "McDonald's reserves the
    35        right to amend or modify the policies in this handbook at
    36        any time without prior notice.  These policies do not
    37        create any contractual obligations between McDonald's and
    38        its employees.  At McDonald's your employment is at will.
    39        This means that you are free to terminate your moment at
    40        any time for any reasons and McDonald's retains the same
    41        right.  The President of McDonald's is the only person who
    42        may make an exception to this and it must be in writing and
    43        signed by the President."
    44        A.  Yes, I am familiar with this.
    45
    46   Q.   I am sure you are.  Mr. Stein, first question:  What does
    47        it mean when it says in the third line at the start of the
    48        line:  "At McDonald's your employment is at will"?
    49        A.  OK.  The reference is to an American doctrine called
    50        employment at will.  It goes back 100 years or more and, in 
    51        a broad sense, and then there are limitations that have 
    52        been imposed over the years ----- 
    53
    54   Q.   Tell us what the principle is.
    55        A.  The principle is that employees have the right to leave
    56        their employment at any time without notice and an employer
    57         ---
    58
    59   Q.   And without penalty?
    60        A.  -- and with no penalties -- and an employer has the

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