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Limiting your risks in the new Russian roulette--discharging employees
Employee Relations Law Journal
|December 7, 1982
Summary
Employers face increasing legal challenges to their ability to terminate employees at will. Courts are restricting employer discretion, especially in wrongful discharge cases presented to juries, prompting a need for employers to limit liability.
Area of Science:
- Employment Law
- Labor Relations
- Legal Studies
Background:
- Historically, employers possessed broad discretion in terminating employment.
- The rise of wrongful discharge litigation signifies a shift in employment law.
- Jury sympathy towards employees influences judicial outcomes in termination disputes.
Purpose of the Study:
- To examine legal precedents in wrongful discharge cases.
- To analyze factors contributing to employer liability in employee terminations.
- To provide strategies for employers to mitigate wrongful discharge claims.
Main Methods:
- Review of significant court decisions and legal analyses.
- Examination of case law trends in employment termination.
- Analysis of legal principles governing at-will employment.
Main Results:
- Courts are increasingly holding employers responsible for wrongful discharge.
- Employer discretion in termination is subject to greater judicial scrutiny.
- Specific circumstances are leading to findings of employer liability.
Conclusions:
- Employers must adapt to evolving legal standards regarding employee termination.
- Proactive measures are essential for employers to reduce exposure to wrongful discharge lawsuits.
- Understanding judicial trends is crucial for effective employment practice management.