Employment Termination Reform: What Should a Statute Require before Termination--Lessons from the French, British, and German Experiences

Authors

Karen Paull

Abstract

The United States is the only major industrialized nation that has not enacted legislation to protect an employee's interest in security of employment. As a result, this interest has been in a state of uncertainty subject to changing case law and divergent state legislation. The recent draft of the Uniform Employment Termination Act has attempted to find a remedy for this situation. It failed to address, however, pretermination safeguards which could help prevent wrongful terminations, alleviate the emotional stress associated with terminations, and facilitate reemployment if necessary. This Note examines the role of pretermination safeguards in the employment protection statutes of the United Kingdom, France, and Germany. Based on the experience of these countries, the Note proposes a number of pretermination provisions which should be added to the present proposal of the Uniform Employment Termination Act.

Recommended Citation

Karen Paull, Employment Termination Reform: What Should a Statute Require before Termination--Lessons from the French, British, and German Experiences, 14 Hastings Int'l & Comp. L. Rev. 619 (1991).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol14/iss3/3