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Employee Dismissal: Law and Practice, Sixth Edition Employee Dismissal: Law and Practice, Sixth Edition

Employee Dismissal: Law and Practice, Sixth Edition

By Henry H. Perritt, Jr.
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Overview

Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice Online 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 Online brings you up to date on the latest cases, statutes, and developments including:

  • New cases on implied contract for Alaska, Colorado, and Montana
  • New cases on public policy tort for Indiana, Iowa, Kansas, Maryland, Missouri, Montana, Ohio, South Carolina, Tennessee, and Washington
  • New cases on implied covenant of good faith and fair dealing for Alaska, Massachusetts, and Montana
  • Discussion of a new case on union fair representation
  • A new case on special consideration requirement for oral promises
  • New cases on what constitutes a breach of the implied covenant
  • New cases on clarity element of public policy tort
  • New cases on jeopardy element of public policy tort
  • A new case explaining that a public policy tort liability for refusing to participate in illegal conduct does not require proof of a report to an outside agency
  • A new case discussing what constitutes "improper" interference with contract
  • New cases on what constitutes a constitutionally protected property interest
  • New cases on preclusive effect of administrative agency determinations
  • New cases on standards for punitive damages
  • A new case on statutory whistleblower protection for internal complaints about fellow employees
Last Updated 12/06/2018
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454890942
SKU 10045154-7777
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010028137
Table of Contents

EMPLOYMENT AT WILL

  • Overview of Common Law Wrongful Dismissal Theories
  • Pre-Industrial Revolution Employment Tenure Rule
  • Development of the Employment at Will Rule
  • Stages in the Erosion of the Employment at Will Rule
  • Reasons for Erosion of the at Will Rule
  • State-by-State Summary
  • Choice of Law Principles
  • Contemporary Role of the Employment at Will Rule
  • Framework for Analyzing Obligations in the Employment Relation
  • Considerations in Pursuing Both Statutory and Common Law Relief
  • Trends and Unresolved Issues
  • Parties' Plaintiff
  • Parties' Defendant
  • Practical Factors for Employees to Consider
  • Practical Factors for Employers to Consider
  • Checklist for Case Evaluation

STATUTORY PROTECTION AGAINST DISCRIMINATION BASED ON CHARACTERISTIC

  • Protection Against Characteristic-Based Discrimination
  • Title VII of the Civil Rights Act of 1964
  • Age Discrimination in Employment Act
  • Civil Rights Acts §1981
  • Civil Rights Acts §1985
  • Title VI of the Civil Rights Act of 1964
  • Education Act Amendments
  • Executive Order 11,246
  • State Laws on Race, Sex, Religious, National Origin, and Age Discrimination
  • Americans with Disabilities Act
  • Rehabilitation Act of 1973

DISCRIMINATION BASED ON CONDUCT; PROCEDURAL ISSUES FOR STATUTORY DISCRIMINATION

  • National Labor Relations Act
  • Retaliation for Opposing Discrimination
  • Occupational Safety and Health Act
  • Mine Safety and Health Act
  • State Occupational Safety and Health Acts
  • Railroad Safety and Liability Acts
  • Environmental Statutes
  • Fair Labor Standards Act
  • Family and Medical Leave Act
  • Consumer Credit Protection Act
  • Employee Retirement Income Security Act
  • False Claims Act
  • Employee Polygraph Protection
  • Drug Free Workplace Act
  • Uniformed Services Employment and Reemployment Rights Act
  • Nuclear Power Plant Employees
  • Federal Securities Fraud
  • Other Federal Statutes
  • Racketeer Influenced and Corrupt Organizations Act
  • Attorneys' Fees
  • Implied Private Right of Action
  • Antitrust Violation Protests
  • Preemption
  • Unemployment Compensation

DOWNSIZING

  • Selecting Employees to Be Terminated
  • Validation of Rating Systems
  • Age Discrimination Issues
  • Title VII Discrimination Issues
  • Disability Discrimination Issues
  • WARN Issues
  • Employee Benefits Issues
  • Collective Bargaining Duties
  • Common Law Claims

ARBITRATION

  • Development of Arbitration in England
  • Development of Labor Arbitration in the United States
  • Purpose of Labor Arbitration
  • Just Cause Standard
  • Typical Grievance and Arbitration Procedure
  • The Arbitration Hearing
  • Form and Content of Arbitration Award
  • Remedies in Arbitration Awards
  • Arbitration Under the Railway Labor Act
  • Arbitration and the Courts
  • Duty of Fair Representation
  • Getting Arbitration Awards into Evidence
  • Arbitration of Individual Rights
  • Effect of Arbitration Awards Deciding Statutory Claims
  • Consideration for Arbitration Agreement
  • Handling a Grievance in Practice
  • Defending Against a Grievance

CONTRACT THEORIES

  • Overview of Contract Theories
  • Historical Development of Contract Theories
  • Proof in Common Law Contract Cases
  • Promise of Employment Security
  • Employer's Intent
  • Proving a Promise of Employment Security
  • Specificity of Promise
  • Enumerating Reasons for Dismissal as Implying a Promise Not to Dismiss for Other Reasons
  • Future Employment
  • Parol Evidence Rule
  • Promises Related to Discrimination
  • Procedural Commitments
  • Promises Related to Drug and Alcohol Testing
  • Judge and Jury Roles
  • Types of Promise Evidence
  • Proof of Other Employment Terms
  • Disclaimers
  • Covenant of Good Faith and Fair Dealing
  • Contract Formation and Validation Devices
  • Employer's Modification of Promise After Consideration Given
  • Statute of Frauds
  • Unenforceability of Certain Employment Contracts
  • Waivers
  • What Constitutes a Breach
  • Contract Interpretation and Breach
  • Proving a Breach: Materiality of Motive
  • Breach of Covenant of Good Faith
  • After-Acquired Evidence
  • Suits by Employees Covered by Collective Bargaining Agreements
  • A Preemption by Immigration Laws
  • Pleading the Plaintiff's Case
  • Pleading the Defendant's Case
  • Damages
  • Reinstatement
  • Jury Instructions on Contract Formation
  • Jury Instructions on Breach of Implied Covenant
  • Jury Instructions on Breach of Implied in Fact Contract
  • Jury Instructions on Damages

TORT THEORIES

  • Public Policy Tort Cases Do Not Require Employers to Show Good Cause for Dismissing Employees
  • Basic Tort Concepts
  • Basic Structure of Proof of Public Policy Tort
  • Proving Adverse Employment Action
  • Proving Clarity of Public Policy
  • Proving Jeopardy to Public Policy
  • Proving Causation
  • Proving Overriding Justification
  • Categories of Public Policy Torts
  • Public Policy Torts Are More Than Civil Remedies for Statutory Violations
  • Limiting Public Policy Tort Recovery by Confining It to Explicit Statutory Rights or Duties
  • Public Policy Tort Protection for Employees Covered by Individual Contracts Collective Bargaining Agreements
  • Prima Facie Tort Liability Based on Intent to Harm, Regardless of Public Policy
  • Intentional Interference with Contractual Relations
  • Intentional Infliction of Emotional Distress
  • Fraudulent Misrepresentation
  • Defamation
  • Invasion of Privacy
  • Civil Conspiracy
  • Tort Claims for Dismissals Related to AIDS or to Sexual Orientation
  • Negligence
  • Preemption of State Tort Claims
  • Pleading the Plaintiff's Case and Model Complaints
  • Pleading the Defendant's Case
  • After-Acquired Evidence
  • Judge/Jury Roles
  • Damages
  • Attorneys'Fees, Costs, and Penalties for Bad Faith Claims
  • Public Policy Tort Jury Instructions

SPECIAL PROBLEMS OF PUBLIC EMPLOYMENT

  • What Is a Public Employer?
  • Presumption of at Will Employment of Public Employees
  • Civil Service Protections
  • Federal Discrimination Statutes
  • Reconstruction Era Civil Rights Acts
  • Due Process
  • Equal Protection
  • Interaction of Public Sector Grievance Arbitration and Civil Service Laws
  • Sovereign Immunity

PROOF AND PROCEDURE

  • Employees and Representatives
  • Independent Contractors Versus Employees
  • Successors, Alter Egos, and Purchasers of Employing Enterprise
  • Individual Co-Employees and Supervisors as Defendants
  • Vicarious Liability of Employer for Acts of Agents
  • Sovereign Immunity
  • Pleading
  • Federal Question and Diversity Jurisdiction
  • Pendent State Claims and Supplemental Jurisdiction
  • Removal to Federal Court
  • Personal Jurisdiction
  • Venue
  • Choice of Law
  • Statutes of Limitations
  • Exhaustion of Employer Grievance Procedures
  • Discovery Strategies
  • Summary Judgment
  • Entitlement to Jury Trial
  • Pretrial Orders
  • Proof
  • Evidence
  • Expert Witnesses
  • After-Discovered Evidence
  • Hearsay Evidence
  • Testimony by Former Employees
  • Parol Evidence
  • Video-Recorded Evidence
  • Preemption
  • Preclusive Effect of Earlier Decisions
  • Proving Damages
  • Punitive Damages
  • Closing Arguments and Judicial Comments
  • Jury Instructions
  • Attorneys' Fees and Sanctions
  • Appeals
  • Taxation of Costs
  • International Issues: Extraterritorial Application

EMPLOYER PERSONNEL PROBLEMS

  • History of Rules Regulating Employees
  • Function of Internal Rules
  • Rules and Organization Theory
  • Contemporary Practices
  • Employers' Policies on Terminations
  • Contents of Termination and Complaint Policies
  • Checklist for Employee Handbooks
  • Employee Appraisal Programs

WRONGFUL DISMISSAL LEGISLATION

  • Wrongful Dismissal Doctrine
  • Is Legislation Needed?
  • Politics of Statutory Reform
  • Statutory Models
  • Model Employment Termination Act
  • Federal Wrongful Dismissal Statutes
  • State Whistleblower Statutes
  • State Employment Term Statutes
  • State Service Letter Statutes
  • State Just Cause Statutes
  • The British Model
  • The Canadian Model
  • Commentators' Models
  • The Summers Concept
  • The Selznick Concept
  • The Bellace Concept
  • Judicial Control of Other Types of Associations
  • Developing Wrongful Dismissal Statutes
  • Legislative Drafting Pitfalls
  • Possible Substantive Fairness Standards
  • Procedural Fairness
  • Integrating Wrongful Dismissal and Unemployment Compensation Systems
  • Burdens of Proof
  • Remedies
  • Constitutional Issues
  • Future Prospects
  • Costs of Litigation
Volumes