随意雇佣与员工解雇:基于正义视角的法律行动分析

EMPLOYMENT AT‐WILL AND EMPLOYEE DISCHARGE: A JUSTICE PERSPECTIVE ON LEGAL ACTION FOLLOWING TERMINATION

PERSONNEL PSYCHOLOGY · 1998
被引 31
人大 AABS 4*

中文导读

梳理了美国随意雇佣原则的历史与法律发展,提出一个初步模型解释被解雇员工起诉组织的决策过程及影响责任判定的因素,为管理者提供实用建议。

Abstract

In contrast to statutory constraints on employment‐related discrimination, the primary legal context for employee discharge is the common law doctrine of employment at‐will. Although some attention has been given to legal issues surrounding employee discharge, there has been little systematic effort to identify the psychological antecedents of the decision to bring suit against organizations for discharge‐related reasons. This paper provides an overview of employment at‐will and its history in the U.S. and reviews legal developments related to at‐will since the late 1980s. We then offer a preliminary model addressing the decision by a discharged employee to bring suit against an organization and the factors influencing the likelihood of liability. We end with a number of practical suggestions that follow from the literature review and model.

劳动法组织行为学雇佣关系法律心理学