Wrongful Termination Litigation in the United States and its Effect on the Employment Relationship

Susan R. Mendelsohn

No 3, OECD Labour Market and Social Policy Occasional Papers from OECD Publishing

Abstract: Over the last decade, employment law in the United States has ceased to be governed solely by the right to 11 at will 11 termination on either side. As a result of a series of decisions in the civil courts of the various states, employers have become liable for damages - often very heavy - for dismissals which have been held to be unfair. A dismissal may be considered 11 unfair 11 because it violates public policy, because it breaches an implied contract or because it breaches an implied covenant of good faith and fair dealing. The resultant restrictions on the right to fire are reminiscent of employment security laws in Europe.

Date: 1990-09-02
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