Employment law; at-will limitations
Article Abstract:
Federal courts have started to use civil rights statutes dating from the Reconstruction Era to limit at-will employment. An at-will employee was permitted by the Supreme Court's Haddle v. Garrison ruling to sue for damages under 42 USC 1985 (2) in a case in which there was an alleged conspiracy to have him fired. Employees are able through cases like these to get around at-will employment and maintain what in essence is a wrongful-termination lawsuit against a private employer under the guise of a federal civil rights violation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Companies that fire employees accused of sexual harassment can usually avoid wrongful-termination liability if they show a good-faith belief in the act occurred
Article Abstract:
Good faith in terminating an employee accused of harassment, has become the controlling factor in determining the validity of wrongful termination suits that often follow. The 'just cause' standard which embodies the 'good faith' test has been adhered to by the Supreme Courts of Washington, Nevada, New York and New Mexico.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Terminate workers carefully; counsel for clients that reduce their work forces must tell them how to minimize risk and liability
Article Abstract:
Guidelines for employee dismissals are discussed. Even oral statements and employee handbooks can be ruled to create binding contracts. so the absence of a labor contract in writing does not mean the existence of an at-will employment relationship. Special guidelines for reductions-in-force are also given.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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