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1 – 3 of 3Lorne Seidman and Robert J. Aalberts
The doctrine of employment‐at‐will has been the rule of law for over 100 years in the United States. Under it an employee can be terminated for a good reason, a bad reason, or for…
Abstract
The doctrine of employment‐at‐will has been the rule of law for over 100 years in the United States. Under it an employee can be terminated for a good reason, a bad reason, or for no reason at all. Because of real abuses when firing employees, generally called wrongful termination, all but five U.S. states have now carved out at least one of three exceptions to the rule. They are implied contract, public policy tort, and the implied covenant of good faith and fair dealing. Although created with good intentions, all three exceptions have spawned a legal environment of judicial inconsistency and unpredictability and a climate of expensive litigation and monetary judgments. The Model Employment Termination Act, if adopted by all the states, would establish a uniform legal system for managing employee terminations. The Act's major provisions require that an employee can be terminated only for “good cause,” and, in the “preferred version” that arbitration be used in settling disputes. However, an employee's remedies are limited and can include reinstatement, back pay, lump‐sum severance payments, and reasonable attorneys' fees and costs, but no compensatory or punitive damages.
Chia‐Jeng Lu and Brian H. Kleiner
Concentrates on gender discrimination and sexual harassment in the restaurant industry. Outlines the definition of sexual harassment in law and the types of sexual harassment…
Abstract
Concentrates on gender discrimination and sexual harassment in the restaurant industry. Outlines the definition of sexual harassment in law and the types of sexual harassment which can occur. Covers the Ontario human rights code and the Disability Discrimination Act. Gives some statistics to reflect the current state of the problem. Provides some examples of current good practices within the industry. Concludes with recommendations of policies which employers should adopt if they wish to avoid litigation.
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Qiang Lin and Brian H. Kleiner
Looks at various forms of employee termination and the differing interpretations involved in law. Gives the steps in wrongful discharge, legal developments and organizational…
Abstract
Looks at various forms of employee termination and the differing interpretations involved in law. Gives the steps in wrongful discharge, legal developments and organizational developments, plus the possible impacts on small business. Concludes that when employees complain about a problem on reasonable grounds, management should always try to rectify the problem – and not the complainant!
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