A Defense of Just Cause Dismissal Rules

2003 ◽  
Vol 13 (2) ◽  
pp. 151-175 ◽  
Author(s):  
John J. McCall
Keyword(s):  
United States ◽  
Private Property ◽  
The United States ◽  
Economic Consequences ◽  
Employment At Will ◽  
Just Cause ◽  
Freedom Of Contract ◽  
Advanced Economies ◽  
The U.S ◽  
At Will

Abstract:The United States is distinctive among advanced economies in that its employment laws and practices are governed by Employment at Will (EAW). Most other nations have variations on Just Cause dismissal rules. I argue that the U.S. preference for EAW is unsupported by concerns about net social or economic consequences. More centrally, I argue that the basic moral commitments that underlie the U.S. system of private property and freedom of contract are commitments that lend support to Just Cause over EAW.

Continuity

2019 ◽  
pp. 119-144
Author(s):  
Gamonal C. Sergio ◽  
César F. Rosado Marzán
Keyword(s):  
United States ◽  
Private Sector ◽  
The United States ◽  
Employment Contracts ◽  
Employment At Will ◽  
The Public ◽  
Unfair Dismissal ◽  
Wrongful Dismissal ◽  
The U.S ◽  
At Will

Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.

José Isabel Salas Galindo and Others: United States (Inter-Am. Comm'n H.R.)

2019 ◽  
Vol 58 (4) ◽  
pp. 738-822
Author(s):  
Rosa Celorio
Keyword(s):  
United States ◽  
Human Rights ◽  
Military Intervention ◽  
The United States ◽  
Military Operation ◽  
Just Cause ◽  
The Subject ◽  
The U.S

On October 5, 2018, the Inter-American Commission on Human Rights (IACHR or Commission) issued its long-awaited decision in the case of José Isabel Salas Galindo and Others concerning the United States. The case is related to the U.S. military intervention in Panama on December 20, 1989, which resulted in the ouster of General Manuel Noriega Moreno, the country's ruler at the time. This U.S. military operation—better known as “Operation Just Cause”—has been the subject of extensive commentary historically and wide reflection on the number of casualties, effects, legality, and scope.

scholarly journals Manufacturing Jobs and Inequality

2019 ◽  
Vol 2019 (191) ◽  
Author(s):  
Natalija Novta ◽  
Evgenia Pugacheva
Keyword(s):  
United States ◽  
Income Inequality ◽  
Service Sector ◽  
The United States ◽  
Wage Premium ◽  
Wage Distribution ◽  
Actual Increase ◽  
Advanced Economies ◽  
High Level ◽  
The U.S

We examine the extent to which declining manufacturing employment may have contributed to increasing inequality in advanced economies. This contribution is typically small, except in the United States. We explore two possible explanations: the high initial manufacturing wage premium and the high level of income inequality. The manufacturing wage premium declined between the 1980s and the 2000s in the United States, but it does not explain the contemporaneous rise in inequality. Instead, high income inequality played a large role. This is because manufacturing job loss typically implies a move to the service sector, for which the worker is not skilled at first and accepts a low-skill wage. On average, the associated wage cut increases with the overall level of income inequality in the country, conditional on moving down in the wage distribution. Based on a stylized scenario, we calculate that the movement of workers to low-skill service sector jobs can account for about a quarter of the increase in inequality between the 1980s and the 2000s in the United States. Had the U.S. income distribution been more equal, only about one tenth of the actual increase in inequality could have been attributed to the loss of manufacturing jobs, according to our simulations.

Within the Boundaries of Politics: News Framing of Sars in China and the United States

2005 ◽  
Vol 82 (4) ◽  
pp. 857-872 ◽  
Author(s):  
Catherine A. Luther ◽  
Xiang Zhou
Keyword(s):  
United States ◽  
Country Of Origin ◽  
The United States ◽  
Economic Consequences ◽  
News Frames ◽  
News Values ◽  
News Framing ◽  
Human Interest ◽  
The U.S

This research examined news frames in coverage of SARS by newspapers in China and the United States. The assumption was that with the adoption of Western news values and practices, the Chinese press would exhibit news frames similar to those found in Western news. The results showed the presence of economic consequences, responsibility, conflict, leadership, and human-interest news frames in both the U.S. and Chinese newspapers. Depending on the newspaper's country of origin, however, the degree and manner of the frame uses varied.

The Jurisprudence of the Foreign Claims Settlement Commission: Chinese Claims

1973 ◽  
Vol 67 (4) ◽  
pp. 728-740 ◽  
Author(s):  
Charles Ford Redick
Keyword(s):  
United States ◽  
Chinese Communist Party ◽  
Private Property ◽  
Central Committee ◽  
The United States ◽  
Public And Private ◽  
Republic Of China ◽  
The Will ◽  
The Republic ◽  
The U.S

Before the Peoples Republic of China [PRC] was officially proclaimed on September 21, 1949, the Central Committee of the Chinese Communist Party had proclaimed that the acts and foreign agreements of the Republic of China which resulted in the exploitation of China by foreigners were “completely contrary to the will of the Chinese people” and would not be honored. Although certain actions by the Chinese Communists indicated as early as February, 1949 that property owned by the U.S. Government and its nationals would be treated unfavorably by the new regime, no concerted steps were taken by the PRC against U.S. property until the United States had already placed an “embargo” on American trade with China. Only after Chinese troops had entered Korea and the U.S. Government had blocked and frozen all Chinese assets within its jurisdiction did the PRC freeze all public and private property of the United States in the PRC and order that an inventory of it be made. The PRC “assumed control of all U.S. property in China under a decree issued on December 29, 1950. ”

The American Employment-at-Will Doctrine and its Impact upon Employee Rights

2001 ◽  
Vol 5 (2) ◽  
pp. 169-185 ◽  
Author(s):  
Kenneth Miller
Keyword(s):  
United States ◽  
Common Law ◽  
State Level ◽  
The United States ◽  
International Standards ◽  
Employee Rights ◽  
Employment At Will ◽  
Grievance Arbitration ◽  
Employment Termination ◽  
At Will

In Great Britain protection against arbitrary dismissal is almost taken for granted. The protection has been in existence for nearly thirty years and the basic rules are fairly straightforward and reasonably well known. The British position is not dissimilar to that enacted in other countries and is consistent with international standards. It is surprising to discover, therefore, that the world's most powerful state, the United States, lacks universal and coherent laws on dismissal. To be sure protections are available in the unionised sector through grievance arbitration, and there are federal and state statutes which provide extensive protections against discrimination at the workplace. Otherwise, workers faced with dismissal have to rely on the American common law, which is even less protective than the common law of England and Scotland. This article examines the present common law position in the United States as represented by the employment-at-will doctrine and considers both judicial and statutory developments to extend protection against dismissal. It concludes that the Model Employment Termination Act may provide the necessary impetus for change at state level.

The Ownership of the U.S. Embassy Site in Jerusalem

2000 ◽  
Vol 29 (4) ◽  
pp. 80-101
Author(s):  
Walid Khalidi
Keyword(s):  
United States ◽  
New York ◽  
Private Property ◽  
The United States ◽  
Public Records ◽  
The Public ◽  
Tel Aviv ◽  
The Subject ◽  
Palestinian Refugee ◽  
The U.S

One of the most difficult issues of the final status negotiations between Israel and the Palestinians is Jerusalem. The complexity of this issue has been compounded by U.S. actions to move its embassy from Tel Aviv to Jerusalem and by allegations that the prospective site of the embassy is Palestinian refugee property confiscated by Israel since 1948. Evidence of Palestinian ownership of the 7.7-acre site-the subject of this report-was gathered by a group of Palestinians from the records of the United Nations Conciliation Committee on Palestine (UNCCP) in New York, the Public Records Office (PRO) in London, the U.S. State Department (DOS), the Jerusalem Municipality, the Israeli Land Registry Records (Tapu), the Israeli Ministry of justice, and heirs of the original owners. The research extended over a six-year period and involved some forty individuals. Although hampered by the inaccessibility of the site to surveyors and by Israel's rezoning and reparcellation of the land in question, the evidence yielded by this research shows that at least 70 percent of the site is refugee private property, of which more than a third is Islamic waqf (trust). On 15 May 1948, the last day of the Mandate, the site was owned by seventy-six Palestinians. On 28 October 1999, the American Committee on Jerusalem (ACJ) addressed a letter to Secretary of State Madeleine Albright outlining the results of this research and requesting a meeting to share the findings with the DOS. It was only on 28 December that the DOS replied to the effect that any data that the group had should be communicated to the DOS "to be kept on file." Given the grave implications of the embassy issue for the peace process and the credibility of the United States, the ACJ felt as a result of the correspondence that it had no alternative but to go public.

Employment-at-Will, Employee Rights, and Future Directions for Employment

2003 ◽  
Vol 13 (2) ◽  
pp. 113-130 ◽  
Author(s):  
Tara J. Radin ◽  
Patricia H. Werhane
Keyword(s):  
United States ◽  
The United States ◽  
Employee Rights ◽  
Employment Practices ◽  
Future Directions ◽  
Employment At Will ◽  
At Will ◽  
Made In

Abstract:During recent years, the principle and practice of employment-at-will have been under attack. While progress has been made in eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States, and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly review the major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we shall suggest new avenues for approaching employment issues to achieve the desirable goal of employee dignity and respect.

Protection

2019 ◽  
pp. 31-62
Author(s):  
Gamonal C. Sergio ◽  
César F. Rosado Marzán
Keyword(s):  
United States ◽  
The United States ◽  
International Labor Organization ◽  
Labor Laws ◽  
Employment At Will ◽  
International Labor ◽  
Fair Labor Standards Act ◽  
The Common ◽  
Involuntary Servitude ◽  
At Will

Chapter 2 describes the protective principle and in dubio pro operario in Latin America, namely, in Argentina, Brazil, Chile, and Uruguay. It also describes worker protection in International Labor Organization (ILO) instruments and other international human rights texts. It then searches for the protective principle and in dubio pro operario in the United States. It argues that the protective principle can be found in the Thirteenth Amendment, the National Labor Relations Act (NLRA), and the Fair Labor Standards Act (FLSA). The Thirteenth Amendment bans involuntary servitude and mandates Congress to protect free labor. The chapter even finds something akin to in dubio pro operario in the general way that U.S. jurisprudence calls for “liberal” interpretations of statutes that derogate the common law. It further finds the protective principle in U.S. purposive methods of statutory interpretation, applied by some judges. However, those broad, purposive, worker-protective interpretations of the law have given way to more reluctant and narrow readings of the labor laws—and without good reasons. Finally, we address how employment at will narrows worker protection in the United States. While U.S. labor law has grown less labor protective, judges could reverse existing jurisprudence through the existing legal texts. Some statutory reform is, however, desirable, especially if anchored in the Thirteenth Amendment and if it derogates employment at will.

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