Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine Nov 1987

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine

Other Publications

The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at ...


The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine Jan 1987

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

Articles

A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused ...


Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine Jan 1987

Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine

Reviews

For almost a quarter century following the great tide of New Deal social legislation, the federal government largely refrained from further efforts at direct regulation of the workplace. But certain intractable problems, like job safety, pension fund abuses, and race and sex discrimination in employment, kindled interest in additional federal controls. The result was a second wave of federal laws governing the employer-employee relationship - Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act (OSHA) of 1970, and the Employee Retirement Income Security Act (ERISA) of 1974. Only the boldest scholars would attempt to encompass ...