NCJ Number
95511
Journal
Northern Illinois University Law Review Volume: 3 Issue: 1 Dated: (Winter 1982) Pages: 111-185
Date Published
1982
Length
75 pages
Annotation
Current legislation and case law do not adequately protect employees from arbitrary dismissal by an employer. The proposed statute would submit employee dismissals to arbitration.
Abstract
Although progress in job protection has occurred, the majority of American workers continue to be employed at the will of the employer, subject to discharge for good, false, or no reason. The 'at-will' rule was founded on unsupporting case law and flourished in a period of laissez-faire ideology. Subsequently, statutes were enacted to limit employers' absolute power to discharge employees, most notably on the basis of race, sex, color, religion, national origin, and union activity. Collective bargaining agreements and the arbitral application of 'just cause' principles for discipline further narrowed the 'at-will' rule. More recently, judicial interpretations of the employment contract carved out 'public policy,' 'whistle blowing,' and 'bad-faith' exceptions to the 'at-will' doctrine. These limitations are insufficient to accord adequate job protection to employees. Statutory schemes and arbitral principles of 'just cause' found in both American and foreign law are incorporated in the proposed statute, Arbitration in Employment Act. The act provides a system of industrial jurisprudence whereby an impartial arbitrator can adjudicate employee claims of unjust discharge. A total of 286 footnotes are provided.