Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Termination • Employment-at-will – Payne v. Western and Atlantic RA Company – The Court confirmed the right o f an employer to hire or fire any individual for good cause, bad cause, or no cause at all Restrictions on Employment-at-Will • • • • • Civil Rights protections Employment contracts, union or individual Market forces Whistleblower statutes Threats of wrongful discharge suits Civil Rights Restrictions • Murphy v. American Home Products Corp – Age discrimination used to challenge at-will termination Violation of Public Policy • Employees may not be fired for exercising rights protected by law – – – – Worker comp claims Refusing to commit perjury Absence for jury duty Voting as stockholder Requires “clear and legal mandate” re public policy Whistleblowing Palmateer v. International Harvester – Employee was wrongfully discharged after reporting coworkers involved in crime Sheets v Teddy’s Frosted Foods – Employee was wrongfully discharged for insisting company comply with federal Food, Drug and Cosmetic Act Expressed or Implied Promise of Employment • Touissant v Blue Cross and Blue Shield of Michigan – Employees had been wrongfully fired for no apparent reason, though the employer said “You can have your job as long as you do your job.” – Employer also had written policy requiring good cause, warnings, and a disciplinary hearing before discharge Good Faith and Fair Dealing • Fortune v. National Cash Register Company – NCR had fired long-term employee who was “at will”, but the employer sought to avoid paying large commission through the discharge, demonstrating bad faith Only 11 states recognize covenant-of-good-faith exception to employment at will Tortious Conduct • Tortious conduct – violation of a duty owed to others • Monge v. Beebe Rubber Company 1974 – Female employee was “abusively discharged” for refusing to date supervisor – Now that problem would be handled under Civil Rights sexual harassment protection Layoffs • Firefighters Local Union 1784 v. Stotts (1984) – Supreme Court Ruled a layoff illegal when more senior white employees were laid off while less senior black employees were retained – seniority is a legitimate basis for discharge • Worker Adjustment and Retraining Notification Act – Complicated law affecting employees in facilities to be shut down Broad practice implications • Have written policy manual, reviewed by employee • Use positive employee relations approach • Know the legal context of your business operations • “Golden Rule” – do to others as you would have them do to you • Keep an excellent employment attorney on retainer