An employment-at-will vulnerability audit

Article Abstract:

Approximately 80 percent of US employees are covered by the employment-at-will doctrine, which states that the employee and the employer have the right to freely initiate and terminate the employee-employer relationship at any time, for any reason. The courts recognize exceptions to employment-at-will: employers cannot terminate an employee for a reason that contravenes public policy; employers cannot discharge an employee if there is an implied promise of job security; and in three states, employers cannot terminate employees if such termination fails to comply with the good faith and fair dealing exception. Employers can reduce their exposure to wrongful discharge lawsuits by auditing their personnel policies to identify and correct problems that could lead to litigation. These employment-at-will audits are explained from a procedural viewpoint.

Labor contracts, Job security, Layoffs

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Legally defensible performance appraisal systems

Article Abstract:

A 1988 study of employee lawsuits charging wrongful termination in California between 1980 and 1986 by the Rand Corp's Institute for Civil Justice reveals that actions citing wrongful dismissal increased sixfold from 90 cases in 1980 to 600 cases in 1986. Generally, there are four kinds of personnel actions resulting from performance appraisals that may result in lawsuits: demotion; failure to promote; dismissal; and layoff. Personnel managers who want to avoid legal action should be careful to establish employee performance rating systems that are consistent, fair, and legally sound. Steps to consider when developing effective appraisal systems include: making employees aware of performance standards in advance; regularly documenting performance problems; and providing employees with relevant feedback.

Research, Employee performance appraisals, Performance appraisals, Rand Corp.

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Wrongful termination: keeping the right to fire at-will

Article Abstract:

Wrongful termination as a legal concept may take one of three forms: (1) wrongful termination based on defiance by the employer of 'public policy' (firing an employee who has refused to perform an unethical or immoral act constitutes wrongful termination), (2) implied employment contracts (the more seniority an employee has, the more carefully the employer should document the reasons for termination, ensuring that the reasons demonstrate 'just cause'), and (3) covenant of good faith and fair dealing terminations (terminations for reasons outside the employment contract, either written or implied). Eight steps employers should take to avoid wrongful termination lawsuits are discussed.

Employment discrimination

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