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Full-Text Articles in Law

Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama Jan 1995

Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama

LLM Theses and Essays

Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …


A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad Jan 1988

A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad

LLM Theses and Essays

This paper will begin with an investigation of the activity of the International Labour Organization (ILO) in domestic employment laws. Using this as a yardstick, a comparative analysis of the unfair dismissal laws of the United States and some foreign countries (mainly Western European) will be undertaken. Finally, the issue will be addressed in the South African context. An assessment will be made of the relative quality of the protection afforded workers in South Africa and, using conclusions reached from the comparative study, the validity of calls for a general unfair dismissal statute in the country will be considered.


Balancing The Management And Property Rights Of The Employer Against Employee's Section 7 Rights, Leonard J. Spooner Jan 1982

Balancing The Management And Property Rights Of The Employer Against Employee's Section 7 Rights, Leonard J. Spooner

LLM Theses and Essays

This thesis demonstrates the analysis used by the National Labor Relations Board and the courts in their task of drawing a line at which the employee’s rights begin under labor legislation and the employer’s prerogative ends.