67 Neb. L. Rev. 28 (1988)
Job Security in the United States: Some Reflections on Unfair Dismissal and Plant Closure Legislation from a Comparative Perspective

handle is hein.journals/nebklr67 and id is 36 raw text is: William B. Gould IV*

Job Security in the United States:
Some Reflections on Unfair
Dismissal and Plant Closure
Legislation from a Comparative
Perspective
TABLE OF CONTENTS
I. Disciplinary Dismissals: The Problem ...................       30
II. Economic or Collective Dismissals: The Problem .......         32
III. The Theory of Wrongful Discharge: The Proposed
Legislation  ...............................................   38
IV. State Plant Closure Legislation ..........................      42
A. Summary of State Legislation .......................        42
B. Constitutionality ....................................      44
V. Federal Plant Closure Legislation .......................       47
VI. Obligations Under International Labor Law .............         49
VII. Relevant Western European Law and Experience: The
Substantive Standard For Dismissal .....................       50
A. Union Influence Prior to the Decision ..............        52
B. Notification and Consultation of Workers and
Government Representatives ........................       53
VIII.  Conclusion  ...............................................    54
The problem of job security has been addressed by the industrial-
ized countries in the West and Japan with increased frequency in the
post World War II period. Promulgated in 1982, the International La-
bor Organization's Termination of Employment Convention,1 which
provides some measure of job security for dismissed employees, high-
* Charles A. Beardsley Professor of Law at Stanford Law School; Co-Chairman of
the California State Bar Ad Hoc Committee on Wrongful Discharge and Termi-
nation At Will.
The author is grateful for the considerable research assistance provided by
Thomas Thompson, Stanford Law School '89.
1. Termination of Employment at the Initiative of the Employer, International La-
bour Conference, 68th Session, Reports V(1) & (2) (1982).

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