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Employment At Will: Just Cause Protection Through Mandatory Arbitration, Warren Martin

Washington Law Review

Employees' primary interest in wrongful termination litigation is job security. Job security has many meanings. It may imply a tenure system with discharge for exceptional circumstances only. On the other hand, it may refer to a limited training and transfer system for reassigning displaced employees. The question is what type of "security" the average employee needs. Employers, by contrast, are primarily interested in management freedom. Restricting management's freedom to terminate employees affects the employer by increasing costs and reducing productivity. Productivity is reduced when management retains incompetent or unnecessary employees for fear of litigation. Costs are increased through both litigation …