Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
1
Issue
3
Date
1/1/1992

Article Facts

Title
State Wrongful Dismissal Legislation
DOI
10.2190/AMY2-7V9J-XAXK-KL7Y
Author
Henry H. Perritt
Pages
185-217
Online Date
05/09/2002

Article Links

State Wrongful Dismissal Legislation

Henry H. Perritt

DOI: 10.2190/AMY2-7V9J-XAXK-KL7Y

Abstract

The uncertainties of common law wrongful dismissal laws have resulted in proposals for comprehensive legislation codifying "just cause" and other protections for employees, culminating in the approval by the commissioners on uniform state laws of a model wrongful termination from employment act. The resulting model act represents a balanced approach to rationalizing a mess. This article briefly reviews the interests involved and sketches a resulting political calculus. It identifies the basic conceptual alternatives for wrongful dismissal legislation and then summarizes the principal features of the new model act. The article concludes that potential constitutional challenges against wrongful dismissal legislation like the model act lack merit.

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