Privatization of Wrongful Dismissal Protection in Comparative Perspective

Posted: 30 Jun 2008

See all articles by Matthew Finkin

Matthew Finkin

University of Illinois College of Law

Multiple version iconThere are 2 versions of this paper

Date Written: June 2008

Abstract

The US Supreme Court has allowed employers to sweep employee claims of violation of most labour protective law into arbitration systems that employers unilaterally establish. The law would not allow employers in the UK, France or Germany to do so. This essay explores how and why that is so in each of these countries. It explains the US exceptionalism by reference to public choice theory, ie, by resort to the economics of judicial shirking.

Suggested Citation

Finkin, Matthew W., Privatization of Wrongful Dismissal Protection in Comparative Perspective (June 2008). Industrial Law Journal, Vol. 37, Issue 2, pp. 149-168, 2008. Available at SSRN: https://ssrn.com/abstract=1153280 or http://dx.doi.org/10.1093/indlaw/dwn002

Matthew W. Finkin (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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