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Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard
Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard
Fordham Urban Law Journal
This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair …
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
Fordham Urban Law Journal
Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …