Employers overestimate the potential costs of a wrongful discharge suit and incur indirect costs,such as not terminating employees who perform poorly,costly hiring and decision-making processes,or use severance payments to deter wrongful termination claims.
Under the implied contract exception to the employment-at-will doctrine,an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit,well-established public policy of the state.
The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees)for a period of at least two years.
A manager terminates an employee because of a personal grudge against the employee.This discharge could be contested in at least 20 states under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.
Employee discipline represents both organizational conditions,which can lead employees to form a disciplined,self-regulated group,and organizational conditions,where managerial actions are taken against an employee who has violated organizational rules.
Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt" since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.
Under the Weingarten decision,union representation cannot be given to an employee until the employer has concluded its investigation and notified the employee of discharge,and the employee has elected to fight the decision.
The exception to the employment-at-will doctrine which occurs when an employer and employee form an implied contract,even though there is no express,written instrument regarding the employment relationship is called the:
Even though all of the following rationale may be legitimate from a managerial perspective,arbitrators consider which one of the following to be the only legitimate/ necessary purpose of employee discipline?
The interim measure decided by the union and employer when an employee is threatened with a termination which gives the employee a chance to improve his or her performance or conduct in order to keep his or her job is called a: