NCJ Number
97001
Date Published
1983
Length
6 pages
Annotation
Summaries of two presentations describe current cases in the employment disputes area and a successful minitrial involving an employee claim of unfair treatment. Audience discussion of the presentation is highlighted.
Abstract
The employment dispute cases reviewed are divided into the categories of tort cases, contract cases, and a hybrid. The growth of employment dispute cases is attributed to employees' beliefs that they must be treated fairly in the workplace and that if they are not treated fairly, they have a right to recourse. The need for corporations to institutionalize procedures which establish a 'fair treatment' policy is emphasized. These policies, including review and grievance procedures, should be in place, communicated, and followed before terminations or layoffs occur. A minitrial which involved the early retirement of a high level manager at Union Carbide is reported; the manager sued the company on the grounds of age discrimination under Federal law and abusive discharge under State law. The case was settled within a week, with a result satisfactory to both parties. Additionally, the experience of CPC North America in laying off 90 people as a result of economic cutbacks and corporate reorganization is described. Because CPC developed an internal procedure for letting all employees know how the reorganization was proceeding, only seven employees brought action against the company. CPC was awarded a directed verdict, which was upheld by the Fifth Circuit. The feeling by employees that they were treated fairly is identified as the key to CPC's success.