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Full-Text Articles in Law
Protection Against Unjust Discharge: The Need For A Federal Statute, Jack Stieber, Michael Murray
Protection Against Unjust Discharge: The Need For A Federal Statute, Jack Stieber, Michael Murray
University of Michigan Journal of Law Reform
We argue that only a federal statute can fully protect American workers from the harsh consequences of the employment-at-will rule. Part I of this Article outlines the nature and scope of the problems caused by the at-will doctrine. Part II surveys a variety of potential solutions to these problems - unionism, voluntary internal grievance mechanisms, existing statutes, the Constitution, and judicially created exceptions to the at-will rule - and finds each an inadequate source of protection. The final Part urges the enactment of a federal statute to protect all American workers from unjust dicharge and sets out several substantive criteria …
Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck
Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck
University of Michigan Journal of Law Reform
This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …
Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford
Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford
University of Michigan Journal of Law Reform
Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal
Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley
Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley
University of Michigan Journal of Law Reform
Occupational safety would be greatly enhanced if employees had a viable option of refusing to work under unsafe conditions without risking their jobs. This Note proposes a public policy exception to the employment-at-will doctrine that would give a cause of action to an employee discharged for refusing to work under unsafe conditions. Part I examines the employment-at-will rule and its recognized exceptions. Part II analyzes the inadequacies of existing statutory remedies for a discharged employee who refused to work under unsafe conditions. Finally, Part III proposes an alternative remedy: providing a common-law exception to the employment-at-will rule that will give …