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A Study on Dismissal Regulations and Dispute Resolution Methods in the United States

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(4), pp.131-188
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 12, 2021
  • Accepted : November 25, 2021
  • Published : November 30, 2021

Koo, Kang-Hoe 1

1한맥중공업(주)

Candidate

ABSTRACT

This study discusses the actual situation of dismissal regulation and dismissal dispute resolution in the United States. In the United States, the freedom of dismissal is not a legal regulation or jurisprudence that requires objectively reasonable and socially reasonable grounds for dismissal, such as Korea’s abuse of the right to dismissal (Labor Standards Act). It is a country that rules However, traditionally, labor agreements have regulated the dismissal of employees who are union members, including the provision that dismissal requires justifiable grounds. However, as the union organization rate has gradually decreased, the regulatory power under the labor agreement has weakened and the control power over dismissal according to the labor agreement has been reduced. On the other hand, many laws regulating individual employment relationships have been enacted as if responding to this, and in particular, the Anti-Discrimination Act enacted since the 1960s plays a central role in regulating working conditions including dismissal. Violation of the Anti-Discrimination Act is said to be the result of anti-social behavior against a country made up of diverse people, the United States. Therefore, what companies are most concerned about is the regulation of employment relations. The Anti-Discrimination Act, on the other hand, causes many complaints, complaints, and legal disputes at work or treatment for reasons of ineffectiveness, even if dismissal is freedom from the employee’s side, and reinstatement is sometimes included in remedies based on legislation other than the Anti-Discrimination Act. It is thought that it is being used as a strong basis for expression in various places. Looking at the employment dispute resolution mechanism, the United States does not have a special judicial system such as labor courts or employment tribunals like in European countries, and lawsuits are heard in general courts of the federal or state governments. According to previous studies, most of the employment-related lawsuits are dismissal cases. In addition, although the Equal Employment Opportunity Commission (EEOC), an independent professional administrative agency, is involved in dispute resolution over the Federal Anti-Discrimination Act, the most common reason for applications excluding applications related to the Equal Pay Act is also dismissal. (discharge). In addition, the legislation regulating individual employment relationships has a system to ensure implementation by administrative agencies. In addition, with the increase and complexity of employment-related regulations, alternative dispute resolution outside of the trial within individual companies has become increasingly difficult at the request of employers or governments and courts, etc. is developing As can be seen from the discussion related to employment arbitration, the discussion on employment arbitration is particularly active, but ADR is in a situation where several types of systems have been installed in all stages of employment arbitration as well as employment arbitration. Based on the above issues, this study will review the following topics. (1) the principle of at-will employment; (2) the legal system and implementation security system related to individual employment relationships that provide for exceptions to the principle of at-will employment; 3) Dismissal regulations and administrative relief procedures according to the Collective Labor Relations Act, the current status of dismissal regulations and dispute resolution procedures according to the labor agreement, (4) various legal principles that set exceptions to the at-will employment principle, and the courts The status of the resolution of the dismissal dispute, (5) the ADR system within the company and the status of the settlement of the dismissal dispute are reviewed sequentially.

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