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Legislative Enactment Process: The Model Employment Termination Act

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  • STANLEY M. FISHER

Abstract

The dramatic expansion during the 1980s of state judicial modifications to the at-will employment doctrine has resulted in bills concerning wrongful discharge being introduced in over thirty legislatures. Bills have been drafted to give employees just-cause protection against dismissal, with others being introduced on narrower issues of wrongful discharge. Legislators have requested guidance toward forging a balanced statute, which the Model Employment Termination Act (META) provides. This article considers (1) the failure of the common law and the public policy exception to protect employees from unjust termination, (2) the reasons why a statutory act is needed, (3) the role of the National Conference of Uniform Law Commissioners in drafting META, (4) the advantages of META over the existing system, and (5) some political and legislative obstacles that must be overcome for its enactment. The article concludes that META enables legislatures to act fairly and reasonably in adopting an act that will protect most American workers from discharge without good cause, without placing employers at a competitive disadvantage.

Suggested Citation

  • Stanley M. Fisher, 1994. "Legislative Enactment Process: The Model Employment Termination Act," The ANNALS of the American Academy of Political and Social Science, , vol. 536(1), pages 79-92, November.
    • Handle: RePEc:sae:anname:v:536:y:1994:i:1:p:79-92
    DOI: 10.1177/0002716294536001007
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