Your Rights in the Workplace

Your Rights in the Workplace
Author: Barbara Kate Repa
Publisher: NOLO
Total Pages: 514
Release: 2002
Genre: Employee rights
ISBN: 9780873378369

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Your rights in the workplace.

Wrongful Discharge

Wrongful Discharge
Author: Nancy M. Modesitt
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

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Wrongful discharge in violation of public policy circumscribes the employment at-will doctrine by prohibiting employers from firing employees who engage in conduct that is deemed to be protected by state or federal public policy. While much has been written about the pros and cons of such wrongful discharge claims, to date no scholarship has focused on the problems that arise when the source of public policy is a federal rather than state statute. This article analyzes the historical and current approaches to the use of federal statutes as a source of public policy to protect employees against discharge, concluding that courts fail to adequately assess whether federal statutes are an appropriate source of public policy. It then proposes a framework that courts should adopt to determine whether to recognize a federal statute as a source of public policy.

Without Just Cause

Without Just Cause
Author: Ira Michael Shepard
Publisher:
Total Pages: 570
Release: 1989
Genre: Business & Economics
ISBN:

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Public Employee Discharge and Discipline

Public Employee Discharge and Discipline
Author: John F. Buckley
Publisher: Wolters Kluwer Law & Business
Total Pages: 0
Release: 2021-02-11
Genre: Local officials and employees
ISBN: 9781454884200

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Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Fourth Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was "the sole" and "but for" cause of discharge under the ADEA, 29 U.S.C. § 623(a) Adoption of Gross "Sole Motive" Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be "a motivating factor" for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that "me too" evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' "stray remarks" were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer "fully applies in the collective bargaining context" City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a "reasonable" search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. § 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. § 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection

The Costs of Wrongful-discharge Laws

The Costs of Wrongful-discharge Laws
Author: David H. Autor
Publisher:
Total Pages: 33
Release: 2002
Genre: Employee rights
ISBN:

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We estimate the effects on employment and wages of wrongful-discharge protections in the United States. Over the last three decades, most U.S. state courts have adopted one or more common law wrongful-discharge doctrines that limit employers' discretion to terminate workers at-will. Using this cross-state variation with a difference-in-difference framework, we find robust evidence of a modest negative impact ( -0.8 to -1.6 percentage points) of one wrongful-discharge doctrine, the implied-contract exception, on employment to population rates in state labor markets. The short-term impact is most pronounced for female, younger, and less-skilled workers, while the longer term costs appear to be borne by older and more-educated workers - those most likely to litigate under this doctrine. We find no robust employment or wage effects of two other widely recognized wrongful-discharge laws: the public-policy and good-faith exceptions. Published findings in the literature range from no effect to very large negative effects. We re-analyze the two leading studies and find the discrepancies can be explained by methodological shortcomings in the one case and limitations in the coding of key court decisions in the other. Keywords: Employment Protection, Wrongful Discharge, Unjust Dismissal, Employment at Will, Labor Law, Instrumental Variables. JEL Classification: E24, J23, J32, J38, J83, K12, K31.

Employee Dismissal Law and Practice, 7th Edition

Employee Dismissal Law and Practice, 7th Edition
Author: Perritt
Publisher: Wolters Kluwer
Total Pages: 2708
Release: 2019-12-17
Genre: Law
ISBN: 1543817572

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Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price

Pastor, Church & Law

Pastor, Church & Law
Author: Richard R. Hammar
Publisher:
Total Pages: 456
Release: 1983
Genre: Juvenile Nonfiction
ISBN: 9780882435800

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