Little previous research has examined why dismissed workers view their discharge as unjust and how they respond to third-party dispute resolution interventions. This exploratory field study relied upon a justice framework to understand complainant motivations for filing unjust dismissal disputes and their reactions to a voluntary conciliation program. Analysis of archival and interview data suggested that procedural justice principles dominated both motivations for filing claims and reactions to third-party intervention. These findings were consistent with previous justice and labor relations research. Implications for future research, management practice, and third-party dispute resolution are discussed.KEY WORDS: unjust dismissal; dispute resolution; employment-at-will; justice; labor relations.
INTRODUCTIONCurrently, the United States does not provide a uniform means to resolve unjust dismissal disputes. Under employment-at-will (EAW), employment relationships of indefinite duration can be unilaterally terminated by either party without notice, for any reason, or even for no reason at all (Ewing, 1983;Hawkins, 1988;Summers, 1980;Youngblood & Tidwell, 1981).Some American employees are protected from unjust dismissal by statute (e.g., the 1990 Americans with Disabilities Act, the 1964 Civil Rights Act, or the 1935 National Labor Relations Act as amended by the 1947 Taft-Hartley Act), by the constitution (e.g., federal employees), or by collective bargaining contracts that provide for the arbitration of dismissal disputes. Recently, state and federal courts have recognized exceptions to the EAW doctrine for workers otherwise unprotected.Judicial exceptions to the EAW doctrine fall into three broad categories: statutorily created public policy, implied contract, and malice and bad faith excep- tions. The public policy exceptions are most frequently pursued and have protected workers: who refuse to violate a criminal statute (e.g., refusing to perjure oneself during a hearing or participate in an illegal price-fixing scheme); who exercise a statutory fight (e.g., filing a worker's compensation claim); or who comply with a statutory duty (e.g., responding to a jury summons). Cases involving implied contract rights often involve promises of job security that employers make at the time of hire or through the company handbook. Cases involving malice and bad faith occur where an implied in-law or in-fact covenant of good faith and fair dealing is identified (e.g., discharging a salesperson to avoid payment of a large sales commission).The EAW doctrine has come under increasing criticism in recent years. A variety of labor relations scholars estimate that nearly two-thirds of the American work force remains without any broad-scale protection from unjust dismissal (Lorber, Kirk, Kirschner, & Handorf, 1984;Shepard & Moran, 1982). As many as 50,000 workers are dismissed annually without any recourse to an appeals or dispute resolution process (Coulson, 1983;Peck, 1979;Stieber & Murray, 1983). In addition, the United States ...