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Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New cases on implied contract for Alaska, Colorado, and Montana New cases on public policy tort for Indiana, Iowa, Kansas, Maryland, Missouri, Montana, Ohio, South Carolina, Tennessee, and Washington New cases on implied covenant of good faith and fair dealing for Alaska, Massachusetts, and Montana Discussion of a new case on union fair representation A new case on special consideration requirement for oral promises New cases on what constitutes a breach of the implied covenant New cases on clarity element of public policy tort New cases on jeopardy element of public policy tort A new case explaining that a public policy tort liability for refusing to participate in illegal conduct does not require proof of a report to an outside agency A new case discussing what constitutes "improper" interference with contract New cases on what constitutes a constitutionally protected property interest New cases on preclusive effect of administrative agency determinations New cases on standards for punitive damages A new case on statutory whistleblower protection for internal complaints about fellow employees
This text is designed for the practicing attorney representing the employee or the employer. The editors' focus is not upon the substance of the law, but on the process of actual litigation. Models and specific guidlines are included.
"Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date. This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios"--Publisher information."Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date. This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios."--Publisher information.
This book sets out the substantive and procedural law that must be followed if employers are to avoid unfair dismissal claims in the UK and if employees are to ensure their rights are protected.
This book offers coverage of the new common law actions on tort, implied contract and the breach of the covenant of good faith that dismissed public and private sector employees may have under the constitution federal statutes and collective bargaining agreements.