NCJ Number
96978
Date Published
1985
Length
20 pages
Annotation
This paper discusses why unfair employee dismissal legislation is needed.
Abstract
Wrongful discharge litigation has subjected employers to the unfamiliar terrain of judges and juries and to the potential for compensatory and punitive damages. Further, the substantial judgments imposed upon employers and the number of expensive settlements negotiated have caused concern in the business community; this is particularly true in California, where it is estimated that a wrongful discharge action is filed every day. The virtue of having unfair dismissal legislation is comprehensive coverage which would prohibit unfair treatment against all employees regardless of race, color, sex, age, religion, or any other characteristics. The promulgation of unjust dismissal legislation would also bring this Nation into line with the rest of the industrialized Western nations. The particulars of the statutory scheme recommended by California's Ad Hoc Committee on Termination at Will and Wrongful Discharge are discussed. The committee suggests that employees working under fixed-term contracts should be excluded, that coverage should be the same as under Title VII, and that under mediation both the employer and employee would be required to post a $500 down payment toward the arbitration process. Canada's and Britain's handling of the arbitration process between employers and employees is described, and procedural and substantive standards relating to dismissals are addressed. Although some problems that might result from the legislation are acknowledged, the need for wrongful dismissal legislation is emphasized. Forty-six references are listed.