州法院在雇佣自由原则上的差异

STATE COURT DISPARITY ON EMPLOYMENT AT‐WILL

PERSONNEL PSYCHOLOGY · 1987
被引 16
人大 AABS 4*

中文导读

分析了各州上诉法院对雇佣自由原则三大例外(违反公共政策、违反默示合同、侵权)的接受程度,发现各州差异显著,呼吁全州一致性。

Abstract

State courts have produced three major exceptions to the employment at‐will doctrine: (1) violation of public policy, (2) breach of an implied contract (including written policies, oral promises, and implied covenants of good faith and fair dealing), and (3) commitment of a tort of emotional distress, defamation, or third‐party interference with a contractual relationship. We analyzed state appellate court decisions to identify judicial philosophies and to determine which states have accepted or rejected the various exceptions to employment at‐will. Our results show that the states vary considerably. The most commonly accepted arguments against employment at‐will are violations of public policy, breaches of implied contracts in employee handbooks, and torts of outrageous emotional distress. Overall, this research highlights the need for statewide consistency with regard to the at‐will issue.

劳动法司法决策雇佣关系公共政策