Protecting unorganized employees against unjust discharge proceedings of a conference held at Michigan State University

Cover of: Protecting unorganized employees against unjust discharge |

Published by School of Labor and Industrial Relations, College of Social Science, Michigan State University in East Lansing, Mich .

Written in English

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Places:

  • United States

Subjects:

  • Employees -- Dismissal of -- Law and legislation -- United States -- Congresses.

Edition Notes

Book details

Statementedited by Jack Stieber and John Blackburn ; assisted by Sally B. Pratt.
GenreCongresses.
ContributionsStieber, Jack, 1919-, Blackburn, John D., Pratt, Sally B., Conference on Protecting Unorganized Employees Against Unjust Discharge (1980 : Michigan State University)
Classifications
LC ClassificationsKF3471.A75 P76 1983
The Physical Object
Paginationiii, 177 p. :
Number of Pages177
ID Numbers
Open LibraryOL3240920M
LC Control Number83155855

Download Protecting unorganized employees against unjust discharge

Legal protection against unjust discharge for all wage-earning and salaried employees. British, Japanese, Swedish, and West German law all protect to some extent against discharge without an objective cause.

See Bellace, A Right to Fair Dismissal: Enforcing a Statutory Guarantee, 16 U. MICH. J.L. REF.().Cited by: ers.' Government employees, in sharp contrast to their pri-vate sector counterparts, maintain comprehensive legal pro-tection against unjust discharge Moreover, unionized employees typically retain unjust discharge protection pursu-ant to a contractual collective bargaining agreement between the union and the employer.".

Protecting unorganized employees against unjust discharge: proceedings of a conference held at Michigan State University / edited by Jack Stieber and John Blackburn ; assisted by Sally B.

Pratt. KF A75 P76 statute); Summers, Individual Protection Against Unjust Dismissal: Time for a Statute, 62 VA. Rav.() (arguing for abrogation of harsh employment at will rule); Note, Protecting At Will Employees Against Wrongful Discharge: The Duty to Terminate Only in Good Faith, 93 HAuv.

REv. Downloadable (with restrictions). We show that wrongful discharge laws--laws that protect employees against unjust dismissal--spur innovation and new firm creation. Wrongful discharge laws, particularly those that prohibit employers from acting in bad faith ex post, limit employers' ability to hold up innovating employees after the innovation is successful.

protecting existing employees from the ills associated with excessive fatigue. virtually no protection against unjust dismissal.'9. where compensation for unjust discharge is often awarded. Note, Protecting Employees At Will Against Wrongful Discharge: The Public Policy Exception, 96 HARV. REV.

() [hereinafter Public Policy Exception]. For the purposes of this Note, no distinction will be drawn between wrongful dis-charge based upon the public policy exception and retaliatory discharge. Protecting Unorganized Employees Against Unjust Protecting unorganized employees against unjust discharge book.

East Lansing, MI: Michigan State University, East Lansing, MI: Michigan State University, Google Scholar. Wrongful termination refers to when an employee is fired for reasons that are illegal, or if the firing breaches a contract or public policy.

There are no laws that specifically protect against wrongful termination; rather, a breach of state or federal employment laws is cause for a wrongful termination claim.

Abstract. We show that wrongful discharge laws—laws that protect employees against unjust dismissal—spur innovation and new firm creation. Wrongful discharge laws, particularly those that prohibit employers from acting in bad faith ex post, limit employers' ability to hold up innovating employees after the innovation is successful.

Stieber, The Case for Protection of Unorganized Employees Against Unjust Discharge, proceedings of the 32nd Annual Meeting of the Industrial Research Association () Lipson and Korney, A Case Against Statutory Review of Private Sector Discharge Cases, Michigan Bar Journal Newsweek, "The Revenge of the Fired", Feb.

16, STIEBER, J. & BLACKBURN, J. Protecting unorganized employees against unjust discharge. East Lansing: School of Labor and Industrial Relations, Michigan State University, Google Scholar.

Stieber, Introduction, Conference on Protecting Unorganized Employees Against Unjust Discharge, 1 (). Stieber, The Case for Protection of Unorganized Employees Against Unfair Discharge, 32 Proc.

Ann. Meeting In-dus. ReI. Res. Ass'n., (). Remarks of Prof. Clyde Summers, Employment At Will. consequence that an employer may discharge an employee for any cause, no cause, or even a bad cause. Instead, courts will require that employers recognition of employee rights to job protection for the unorganized.

5 She that all employees be given protection against unjust discipline by a statute. Protecting unorganized employees against Protecting unorganized employees against unjust discharge book discharge: proceedings of a conference held at Michigan State University [] East Lansing, Mich.: School of Labor and Industrial Relations, College of Social Science, Michigan State University, c UNJUST DISMIsSAL (); IRA MICHAEL SHEPARD Er AL., WrrHour JuST CAUSE (); PROTECING UNORGANIZED EMPLOYEES AGAINST UNJUST DISCHARGE (Jack Steiber & John Blackhorn eds., ).

Most states protect employees' right to. tection against unjust discharge argue that the employment at will doctrine is pernicious. They claim the United States stands virtually alone among democratic, major industrial-ized nations in not providing statutory protection against unjust discharge for private sector employees beyond spe-cific statutes which protect members of minority groups.

Sec. (1) "Employee" means any person who has worked for an employer for not less than 20 hours per week except - (a) Persons who are protected by civil service or tenure against unjust discharge.

(2) "Employer" means a person or an organization that employs not less than 5 persons. Sec. The primary protection against an unjust discharge is a union contract. Next time you are employed, think about whether you could get at least half of your co-workers to support a union.

Union contracts typically prohibit discharges or discipline without "just cause.". (); Peck, Unjust Discharges from Employment: A Necessary Change in the Law. 40 OHIO ST. L.J. 1 (); Stieber, The Case for Protection of Unorganized Employ-ees Against Unjust Discharge, 32 PROCEEDINGS ANN.

MEETING INDUS. RELATIONS RESEARCH ASS'N (); Summers, Individual Protection Against Unjust Dis. 24, articles and books. major industrialized nations in not providing statutory protection against unjust discharge for private sector employees beyond specific statutes which protect members of minority groups, women, workers between 40 and 70 years of age, handicapped workers, and workers involved in union activities.

Bills were introduced in Michigan legislature in and in California in which would have provided general protection against unjust discharge for employees generally. However, neither bill came to a vote.

This report provides a systematic, cumulative analysis of studies on discharge for cause that have been published during this century. Even though employment-at-will is the prevailing form of employment in the USA, there are laws to protect employees against unjust discrimination and harassment.

was created as a compass for people who feel they have been terminated wrongfully, or discriminated against at their workplace. The role of the law in the United States and England in protecting the worker from discharge and discrimination.

International and Comparative Law Quarterly, - Google Scholar. Summers called for statutory protection against unjust dismissal, The principal beneficiaries would be unorganized employees.

Employers would oppose any limitation on their autonomy that the "continued implementation of the rule that an employer under a contract terminable at will may discharge employees without cause is. Some 60 nations prohibit the discharge of employees without cause, in-cluding the European Community, Sweden, Norway, Japan, Canada, and others in South America, Africa, and Asia.

Committee Labor & Empl. Law, Ass'n Bar City N.Y., At-Will Employment and the Problem of Unjust Dismissal, 36 THE RECORD(). PROTECTING UNORGANIZED EMPLOYEES AGAINST UNJUST DISCHARGE (J. Stieber & J. Blackburn eds. ) (discussing procedures at the American Opti-cal Corporation).

Vrongful Discharge from Employment Act ofMONT. CODE ANN. §§ ; see generally Schramm, Montana Employment Law and the Wrongful Discharge from Employ.

Wrongful Discharge Laws and Innovation Viral V. Acharya, Ramin P. Baghai, Krishnamurthy V. Subramanian. NBER Working Paper No. Issued in November NBER Program(s):Corporate Finance, Law and Economics We show that wrongful discharge laws - laws that protect employees against unjust dismissal - spur innovation and new firm creation.

] Model Employment Termination Act Protection Under Title VII, 2 L.J. (); Jeffrey L. Harrison, The “New” Terminable-at-Will Employment Contract: An Interest and Cost Incidence Analysis, 69 IOWA L. REV. (); Cornelius J. Peck, Unjust Discharges from Employment: A Neces- sary Change in the Law, 40 OHIO ST.L.J.

1 (); Jack Stieber, The Case for Protection. When most people think of labor law violations, they probably think of “Big Business.” But employees, employers, and labor organizations file thousands of charges each year called Unfair Labor Practices against unions and union officials.

An Unfair Labor Practice (ULP) occurs when a union or an employer violates Section 8 of the National Labor Relations Act.

a middle ground in the adjudication of nonunion employee dismissals by providing Alaska's nonunion workers with basic protection against arbitrary dismissal, while simultaneously limiting the awards obtained from suing their former employers.6 First, the note will trace the his-torical justification for the employment-at-will doctrine.

Second, the. Most countries provide some degree of legal protection against unjust dismissal for all employees. In Great Britain, every employee with at least six months of service has the right not to be. for reform of the at-will doctrine." Theodore J.

Antoine, A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, 67 NEB. REV. 56, 67 (). Of course, if Epstein is correct about the value of the at-will rule for employees in general, a change would produce an enormous welfare loss for the majority of employees. In contrast to the discharge rights provided to organized workers, unorganized workers, who comprise between sixty and sixty-five per-cent of the non-agricultural work force,3 are without contractual job protection.

Their employment relationship, if of indefinite duration, is terminable at will. Arbitration, 13 EMPLOYEE REL.() (stating that the United States is the only major industrialized nation without legislation limiting employer discretion in dismissals)); Clyde W.

Summers, Individual Protection Against Unjust Discharge: Time for. Federal labor laws, which generally regulate the relationship among employees, unions, and management, protect employees who engage in “concerted activity” to increase their pay, improve working conditions, or resolve other workplace problems.

Employees are protected whether or. Changes in the structure and provisions of the employment relationship create substantial challenges for the management community.

The employer-manager's traditional prerogatives to terminate at will are being eroded in response to changing socioeconomic values that recognize the emergence of an employee's reasonable expectations of job security.

Anti-discrimination laws do not protect employees against every "unjust, unfair, or unpleasant" work experience, the 1st Circuit ruled on Dec. 13,in Ahern v. Shinseki. Four female radiology technologists at a Department of Veterans Affairs hospital in Providence, R.I., filed suit against their employer after each resigned, citing sex.

Unlike the employees in a majority. of other industrialized nations, 6. private sector employees. in the United. States generally lack protection from unjust discharge. Either the em-ployee or the employer can terminate the employment at will." 8. Some courts have been sympathetic to the employee-at-will, creating excep.

These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. Color. Religion. Sex (including gender identity, transgender status, and sexual orientation) Pregnancy.

National origin. Age (40 or older) Disability. Genetic information. See Shearson Hayden Stone, Inc. v. Liang, F.2d (7th Cir. ); Note, Protecting At-Will Employees Against Wrongful Discharge, the Duty to Terminate Only in Good Faith, 93 Harv.

L. Rev.(); Note, Individual Rights for Organized and Unorganized Employees Under the National Labor Relations Act, 58 Tex. L. Rev.().Dilution by Excluded Employees Appendix B & 97 & 65 Dilution of Working Rights 55 65 Dilution, Other-Employment Employees 30 37 Discharge, Protection Against Unjust 6 6 Discipline 6 6 Discrimination prohibited & 1 Dual Rates of Pay .nates: Unjust Discharge Reform Heads Toward Full Flower, 67 NEB.

L. REV. 56, 69 () ("A common assumption is that many unions will not favor legislation protecting employees against arbitrary treatment by employers because it will elim-inate or detract from one of the unions' prime selling points in their efforts to or.

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