"Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date. This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios"--Publisher information."Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date. This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios."--Publisher information.

Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New cases on implied contract for Alaska, Colorado, and Montana New cases on public policy tort for Indiana, Iowa, Kansas, Maryland, Missouri, Montana, Ohio, South Carolina, Tennessee, and Washington New cases on implied covenant of good faith and fair dealing for Alaska, Massachusetts, and Montana Discussion of a new case on union fair representation A new case on special consideration requirement for oral promises New cases on what constitutes a breach of the implied covenant New cases on clarity element of public policy tort New cases on jeopardy element of public policy tort A new case explaining that a public policy tort liability for refusing to participate in illegal conduct does not require proof of a report to an outside agency A new case discussing what constitutes andquot;improperandquot; interference with contract New cases on what constitutes a constitutionally protected property interest New cases on preclusive effect of administrative agency determinations New cases on standards for punitive damages A new case on statutory whistleblower protection for internal complaints about fellow employee

Whether your case involves a public or private sector job, a downsizing, or termination for cause, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New cases on implied contract for Alaska, Colorado, and Montana New cases on public policy tort for Indiana, Iowa, Kansas, Maryland, Missouri, Montana, Ohio, South Carolina, Tennessee, and Washington New cases on implied covenant of good faith and fair dealing for Alaska, Massachusetts, and Montana Discussion of a new case on union fair representation A new case on special consideration requirement for oral promises New cases on what constitutes a breach of the implied covenant New cases on clarity element of public policy tort New cases on jeopardy element of public policy tort A new case explaining that a public policy tort liability for refusing to participate in illegal conduct does not require proof of a report to an outside agency A new case discussing what constitutes "improper" interference with contract New cases on what constitutes a constitutionally protected property interest New cases on preclusive effect of administrative agency determinations New cases on standards for punitive damages A new case on statutory whistleblower protection for internal complaints about fellow employees

The Law of Termination of Employment, now in its sixth edition, is a well-established and authoritative analysis of the rules governing termination of employment. It considers the main causes of action available to employees whose employment is terminated, and presents the law and the relevant issues in a way that will be of real value to those practising in the field. The Law of Termination of Employment provides comprehensive coverage of the applicable statutory and common law regimes, as well as the major procedural considerations. It also deals with problems beyond termination of employment such as competition from ex-employees, and numerous examples of worked redundancy calculations illustrate how the law operates in practice. With over 500 pages of unrivalled guidance on the law of termination of employment, Professor Upex's definitive work is essential reading for all employment lawyers and human resources personnel who require a detailed knowledge of this complicated area of law. Substantially revised and updated, the sixth edition includes: Changes brought about by the Employment Relations Act 1999 and other recent legislation New categories of automatically unfair dismissal Introduction of the right of workers to be accompanied at a grievance or disciplinary hearing, together with a right not to be dismissed for exercising that right Increases in the type of dismissal for which the remedy of interim relief is available Changes to the rules relating to compensation for unfair dismissal Removal of the time limit on the compensatory award in cases of dismissal in health and safety cases and dismissals for whistleblowing Important new cases decided in the European Court of Justice Allen v Amalgamated Construction Co Ltd, Francisco Hernandez Vidal SA v Gomez Perez and Oy Liikennen AB v Liskojorvi and Juntunen on the Acquired Rights Directive Major House of Lords decisions Carmichael v National Power plc on casual workers Murray v Foyle Meats Ltd on the meaning of redundancy Johnson v Unisys Ltd on injury to feelings in wrongful dismissal cases Important Court of Appeal decisions, including Secretary of State for Trade and Industry v Bottrill and Sellars Arenascene Ltd v Connolly on the circumstances in which directors or sole shareholders may be employees Montgomery v Johnson Underwood Ltd on agency workers ECM (Vehicle Delivery Service) Ltd v Cox and ADI (UK) Ltd v Willer in the Transfer of Undertakings Regulations Foley v Post Office on the test of fairness in unfair dismissal cases, following on from the EAT decision in Haddon v van den Bergh Foods Ltd Cerberus Software Ltd v Rowley and other cases involving PILON (pay in lieu of notice) clauses OTHER BOOKS OF INTEREST Disability Discrimination Claims: An Adviser's Handbook Disability Discrimination: Law and Practice