Download or read book Employment at Will Versus Just Cause Dismissal written by Mark Harcourt and published by . This book was released on 2013 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Just Cause written by Robert M. Schwartz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just cause is the keystone of the union contract, protecting members from discrimination and unfair discipline. But up to now, its most important secrets have been restricted to arbitrators and other labor professionals. In Just cause, labor lawyer Robert M. Schwartz offers a step-by-step guide filled with advice, tips, and winning techniques. Grievance representatives can use these methods to prepare cases and make compelling arguments.
Download or read book The Perfect Compromise written by Nicole B. Porter and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many scholars have criticized the harshness of the employment at-will presumption, which allows an employer to terminate an employee for good reason, bad reason, or no reason at all. Other scholars defend at-will employment and criticize the just cause standard. This Article does not take sides in this debate; but instead, attempts to bridge the gap between the two by proposing a compromise statute, which I call the Employment Termination Equity Act (ETEA). Under ETEA, employers would remain free to terminate without having the difficult burden of proving just cause. However, certain enumerated reasons for termination would be unlawful. In determining which termination decisions should warrant protection, my goal was two-fold: (1) to make unlawful egregious termination decisions that have previously been unremedied despite the many exceptions to at-will employment and (2) to provide some overlap protection with current employment statutes by using a procedural process that will be more easily accessible by employees. Yet, in the spirit of true compromise, ETEA will provide fewer types of remedies than other employment statutes or common law claims, and will force plaintiffs to choose between suit under this proposed termination statute and other statutory remedies. As with any compromise, lines had to be drawn and line-drawing never satisfies everyone. My goal in this article is to convince the reader to view my line drawing optimistically - as a necessary means of bridging the gap between at-will employment and just cause.
Download or read book Employee Dismissal Law and Practice 7th Edition written by Perritt and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price
Download or read book Your Rights in the Workplace written by Barbara Kate Repa and published by NOLO. This book was released on 2002 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your rights in the workplace.
Download or read book Employment at Will written by David L. Johnson (lawyer) and published by Bureau of National Affairs (BNA). This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book is an] analysis of the employment at will doctrine, as well as the unique exceptions that various states have applied. This treatise uses a uniform topic structure to provide a comparative view across states, as well as to allow for research on an individual state. This format is extremely helpful for lawyers with a multi-jurisdictional practice, and for those seeking persuasive authority to expand or limit the law in their own state. Each state chapter addresses: the creation of enforceable employment agreements through employee handbooks, written personnel policies, and oral assurances; common law claims for wrongful discharge; the implied covenant of good faith and fair dealing; the public policy exception to the doctrine of employment at will; the burden of proof necessary to sustain a claim of wrongful discharge; what constitutes ''just cause'' for purposes of termination; the effect of disclaimers on the employment at will relationship; potential damages in a wrongful discharge claim; related tort claims arising out of the employment relationship, including fraud, intentional interference with a contract, defamation, intentional infliction of emotional distress, negligence, and invasion of privacy; and state statutes prohibiting termination based on classifications."--
Download or read book Pastor Church Law written by Richard R. Hammar and published by . This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Just Notice written by Rachel S. Arnow-Richman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not (as defenders of the current regime have argued) because it grants workers too much protection vis-à-vis management, but because it grants them too little. A just cause rule provides only a weak cause of action to a narrow subset of workers - those able to prove their firing was for purely arbitrary reasons. It fails to account for the justifiable, but still devastating, termination of workers for economic reasons, by far the most common reason for job loss today. In this way, the rule is not only inadequate, but anachronistic. Just cause protection is consistent with a mid-twentieth century view of the social contract of employment, which anticipates a long-term, symbiotic relationship between employer and employee in an economy dependent on internal labor markets. Under such a system, the just cause rule gave legal force to parties' social contract of employment. In contrast, today's employers operate principally in an external labor market in which implicit promises of long-term employment have been replaced by implicit promises of long-term employability. Both companies and workers anticipate significant job turnover both in times of economic turbulence, such as the current downturn, in which employers are forced to shed numerous workers due to financial hardship, as well as during economic bubbles, in which companies lay off workers and reorganize for strategic reasons. Given these practices and expectations, the goal of termination law ought not to be protecting individual jobs but rather assisting workers in the inevitable situation of job loss. To that end, the Article proposes the adoption of a universal “pay-or-play” system of employment termination. Absent serious misconduct, employers would be required to provide advance notice of termination or offer wages and benefits for the duration of the notice period. In contrast to just cause proposals, “pay-or-play” recognizes the necessity and value of employment termination. Rather than encouraging parties to maintain status quo relationships, “pay-or-play” seeks to facilitate transition. It affirms managerial discretion in hiring and firing by eliminating fact intensive inquiries into employer motive. At the same time, it makes real employers' implicit promise of employability by granting workers a window of income security in which they can comfortably search for the next opportunity.
Download or read book Employee Dismissal Law and Practice written by Henry H. Perritt and published by John Wiley & Sons. This book was released on 1992 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book TERMINATION OF EMPLOYMENT AND WRONGFUL DISMISSAL IN CANDADA written by Peter Barnacle and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment At will and Unjust Dismissal written by and published by . This book was released on 1983 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Firing at Will written by Jay Shepherd and published by Apress. This book was released on 2012-01-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firing at Will shows managers and employers how to do the most difficult part of their jobs: firing employees. Written by a leading employment lawyer in a refreshingly unlawyerly style, this guide takes the reader through the always-risky process of letting an employee go. Many employers and managers are afraid to pull the trigger when the employment relationship has broken down, and will postpone the decision by using progressive discipline and performance-improvement plans. However, an employer must be able to unload employees who threaten to undermine the company and its prospects, regardless of the risks involved in a termination. This book explains how to do it, how not to do it, and how to minimize the danger of an expensive employee lawsuit. No one said being an employer or a manager was easy. Fortunately, knowing how to fire employees will make your job much, much easier in the long run and save you heartache. Firing at Will teaches you what you need to know, without any legalese or boring recitations of statutes and case law. This book is filled with plain-English common sense, based on Jay Shepherd's 17 years of protecting employers in court. The style is conversational and often irreverent, but the lessons and tips are battle-tested. If you want to be a successful manager or employer—and sleep easier—you need to know how to fire at will. Gives employers and managers real-world advice on how to fire employees Teaches how to keep your company—and yourself—out of expensive employee lawsuits Guides you toward building a workplace where you'll need to fire fewer employees
Download or read book Wrongful Termination from Employment written by and published by . This book was released on 1987 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ask a Manager written by Alison Green and published by Ballantine Books. This book was released on 2018-05-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the creator of the popular website Ask a Manager and New York’s work-advice columnist comes a witty, practical guide to 200 difficult professional conversations—featuring all-new advice! There’s a reason Alison Green has been called “the Dear Abby of the work world.” Ten years as a workplace-advice columnist have taught her that people avoid awkward conversations in the office because they simply don’t know what to say. Thankfully, Green does—and in this incredibly helpful book, she tackles the tough discussions you may need to have during your career. You’ll learn what to say when • coworkers push their work on you—then take credit for it • you accidentally trash-talk someone in an email then hit “reply all” • you’re being micromanaged—or not being managed at all • you catch a colleague in a lie • your boss seems unhappy with your work • your cubemate’s loud speakerphone is making you homicidal • you got drunk at the holiday party Praise for Ask a Manager “A must-read for anyone who works . . . [Alison Green’s] advice boils down to the idea that you should be professional (even when others are not) and that communicating in a straightforward manner with candor and kindness will get you far, no matter where you work.”—Booklist (starred review) “The author’s friendly, warm, no-nonsense writing is a pleasure to read, and her advice can be widely applied to relationships in all areas of readers’ lives. Ideal for anyone new to the job market or new to management, or anyone hoping to improve their work experience.”—Library Journal (starred review) “I am a huge fan of Alison Green’s Ask a Manager column. This book is even better. It teaches us how to deal with many of the most vexing big and little problems in our workplaces—and to do so with grace, confidence, and a sense of humor.”—Robert Sutton, Stanford professor and author of The No Asshole Rule and The Asshole Survival Guide “Ask a Manager is the ultimate playbook for navigating the traditional workforce in a diplomatic but firm way.”—Erin Lowry, author of Broke Millennial: Stop Scraping By and Get Your Financial Life Together
Download or read book Wrongful Discharge and the Derogation of the At will Employment Doctrine written by Andrew D. Hill and published by University of Pennsylvania Press. This book was released on 1987 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment Termination written by William J. Holloway and published by . This book was released on 1985 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a discussion of a wide range of employment termination issues, including: employment at will, wrongful discharge, preemption, exhaustion, damages, and many related topics.
