This paper studies the effects on jobless recovery of diminishing the power of an employer to fire an employee through Employment-At-Will Exceptions (EWEs). I use dynamic panel regressions with quarterly data ranging from 1976 to 2010 for the 50 states in the U.S. I test both changes in state unemployment rates and state-weighted GDP growth. I also resolve differences in the various sources documenting the three types of EWEs in different states and show two of the three contribute significantly to jobless recovery in the U.S. The results lend support to predictions of theory that increased firing costs decrease the rate of hiring during recoveries. Statistical tests show the adoption of both EWEs would slow decreases in the unemployment rate during recovery from recession by up to 0.352 percentage points annually.
This article is a legal and ethical examination of “wellness” policies in the American workplace. The authors will examine how employers are implementing policies that provide incentives to employees who lead a “healthy” lifestyle. The authors also address how these policies could adversely affect “non-healthy” employees. There are a wide variety of laws –federal and state –statutory and common law –that impact wellness policies and practices in the workplace. The authors review these laws in the context of wellness policies to ascertain when these policies could result in legal violations of employees’ rights. The authors, moreover, provide an ethical analysis of wellness policies, based on major ethical theories, to determine the morality of wellness policies in the workplace. Based on the aforementioned legal and ethical analysis, the authors make practical recommendations for employers and managers.
The National Labor Relations Act (NLRA) of 1935 has been widely portrayed as an anachronistic piece of legislation that needs to be reformed or abandoned. In the absence of reform, many US labor unions try to avoid the NLRA process altogether by organizing workers outside the confines of the law. But Somos un Pueblo Unido, or “Somos,” a worker center in New Mexico, has been using a novel interpretation of the NLRA less to boost union density than to develop an alternative to contract unionism. By helping nonunionized workers use Section 7 of the NLRA to act concertedly in their own defense, I argue, Somos is combating employer abuse, in the short run, and demonstrating that worker centers and their memberships may be transforming the US labor movement, in the long run. Their experiences illustrate the ability of organizations to redeploy existing institutional resources with potentially transformative results.
With passage of a 1987 statute, Montana became the only state to adopt a “good cause” standard for discharge of employees with contracts of unspecified duration. The new statute was a legislative response to a series of Montana Supreme Court cases, starting in 1980, that gave otherwise at-will employees a broad right to sue for wrongful discharge. Estimating a policy intervention model using monthly time-series data on Montana employment, the authors find that the seminal Montana wrongful discharge case reduced annual employment growth in Montana by 0.46 percentage points, and that the “good cause” statute restored the original growth rate. While the firing costs literature would suggest that employment should fall following implementation of a heightened discharge standard, the contrary result in Montana is likely due to important procedural and other limitations imposed by the new statute on discharged employees’ legal recourse.
This paper elucidates that termination of a domestic worker by an employer is not wrong however, the paper accentuates that the termination must strictly follow due process and comply fully with the procedure and the enabling laws governing and regulating labour relations. The paper looks at the conditions and situations of domestic workers in relation to how their employments are being terminated by the employers without due regard for the workers and the law. It raises the importance of sensitising the workers in this sector about their rights in order not be unfairly terminated and dismissed by the employers. It highlights available remedies that are available to a wrongfully dismissed worker.
In Europe, as in the rest of industrialized countries, reforms of the labour market have generally concerned employment protection legislation (EPL). One of the main missions of this legislation is to insure security for workers, particularly in case of redundancy. The object of this article is to compare the strictness and the degree of rigidity of EPL in two different economies, namely, Canada and France. This choice is justified by the fact that the labour market policies in both countries do not have the same orientation and are based on different ideological references.