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University of Missouri School of Law

Journal of Dispute Resolution

1993

Employment

Articles 1 - 2 of 2

Full-Text Articles in Law

Wrongful Discharge: Litigation Or Arbitration, Terry A. Bethel Jul 1993

Wrongful Discharge: Litigation Or Arbitration, Terry A. Bethel

Journal of Dispute Resolution

Throughout the country, courts are scrambling to fill the void left by the rapid disappearance of the employment-at-will doctrine. As recently as twenty years ago, most courts accepted without question the adage that employers were free to terminate employees for a good reason, a bad reason, or no reason at alL1 If motivated to explain this rule, the most frequent defense was that employees enjoyed comparable freedom. They, too, could abandon the relationship for whatever reason they desired.


Transforming At-Will Employment Disputes Into Wrongful Discharge Claims: Fertile Ground For Adr, Mary A. Bedikian Jan 1993

Transforming At-Will Employment Disputes Into Wrongful Discharge Claims: Fertile Ground For Adr, Mary A. Bedikian

Journal of Dispute Resolution

This Article begins by reviewing the historical evolution of the at-will rule and examining the common law wrongful dismissal theories. Next, it describes the recent trend of arbitrating wrongful discharge disputes, a trend which the author suggests provides a practical, sound forum for the resolution of employment claims.' 3 Finally, since arbitration is in derogation of the common law, this Article discusses the constitutional and pragmatic barriers to full-scale reform and use of arbitration. The author concludes that fragmentation of interests, political motivations, and the reluctance of the United States Supreme Court to confront an indispensable provision of the Federal …