Article Abstract:
ABM Industries senior labor counsel Christopher Bouvier explains that at-will employment gives the employer or the employee the option of terminating the employment relationship at any given time and for any particular reason. Although many states recognize at-will employment, there are indications that its days are almost over. The first major assault against at-will employment was the introduction of labor laws during the 1930s which gave rise to the existing National Labor Relations Act. While this Act thwarted at-will employment for unionized members, Title VII of the Civil Rights Act threatened it for non-unionized workers. The Family and Medical Leave Act, the Americans with Disabilities Act, the continuing development of torts in contract claims and the public-policy claim also contributed to the implosion of at-will employment. Bouvier advices companies to have standard employment policies to avoid lawsuits.
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Article Abstract:
With employers limited by law in obtaining information about job candidates by asking or testing, job references become increasingly important. However, here too there are limitations that personnel managers should be aware of. A bad reference can be considered defamation of character, if the negative information relates to the employee's membership in a protected group. Companies can also be liable under certain circumstances even when they do not issue references. Personnel managers should always issue references as if they will some day be scrutinized by a jury.
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Article Abstract:
Recent court decisions related to racketeering penalties associated with employment termination are analyzed. Court decisions using the Racketeer Influenced and Corrupt Organizations Act of 1970 that are discussed include Sedima S.P.R.L. versus Imrex Co and Williams versus Hall.
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