Transforming At-Will Employment Disputes into Wrongful Discharge Claims: Fertile Ground for ADR

Authors

Mary A. Bedikian

Abstract

This Article begins by reviewing the historical evolution of the at-will rule and examining the common law wrongful dismissal theories. Next, it describes the recent trend of arbitrating wrongful discharge disputes, a trend which the author suggests provides a practical, sound forum for the resolution of employment claims.' 3 Finally, since arbitration is in derogation of the common law, this Article discusses the constitutional and pragmatic barriers to full-scale reform and use of arbitration. The author concludes that fragmentation of interests, political motivations, and the reluctance of the United States Supreme Court to confront an indispensable provision of the Federal Arbitration Act are insufficient to overcome the strong if not virtually impregnable presumption favoring arbitration

Recommended Citation

Mary A. Bedikian, Transforming At-Will Employment Disputes into Wrongful Discharge Claims: Fertile Ground for ADR, 1993 J. Disp. Resol. (1993)
Available at: https://scholarship.law.missouri.edu/jdr/vol1993/iss1/6