Sweden's Experience with Just Cause Dismissal
17 Pages Posted: 17 Feb 2012
Date Written: January 1, 1986
The absolute right of an employer to fire an employee at will is disappearing in certain jurisdictions within the United States. This trend is significant since the majority of American workers are not unionized and thus lack effective bargaining power. Most employees are hired for indefinite periods of time and serve at the will of the employer. Courts, however, are carving out exceptions to the employment-at-will doctrine. This article explores four questions that must be considered when deciding whether to provide just cause dismissal protection. These questions, discussed in light of Sweden’s experience, address the problem of determining the maximum employment protection consistent with an efficient marketplace.
Keywords: International law, dismissal, just cause, employer, firing, employment-at-will
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