1. Unionized employees account for 15.8 percent of all employees, and public employees account for 19.0 percent, leaving 65.0 percent of employees employed at will.
2.
2. Payne v. Western & A.R.R., 81 Tenn. 507 (1884).
3.
3. Employment Coordinator, 12 Dec. 1986, p. 683.
4.
A. Westin and A. Feliu, Resolving Employment Disputes without Litigation (Washington, DC: Bureau of National Affairs, 1988).
5.
5. T. Timmerman, “Legislative Attempts to Modify the Employment At-Will Doctrine: Will the Public Policy Exception Be the Next Step?”Journal of Corporation Law, 14:244-245 (1988).
6.
6. According to the leading authority on dismissal law, “the history of employment law in the United States has been the history of adding legally recognized employee interests... of relocating responsibility for evaluating and balancing interests from the common law to legislatures articulating statutory rights, duties, and privileges.”Henry H. Perritt, Jr., Employee Dismissal Law and Practice, 3d ed. (New York: John Wiley, 1992), 2:196.
7.
7. Jerome Hall, Theft, Law and Society (New York: Bobbs-Merrill, 1952).
8.
8. The U.S. Virgin Islands passed a similar law that same year.
9.
9. An excellent overview of the interests involved and how these might play out during the politics of legislation is provided by Perritt, Employee Dismissal Law, pp. 204-9. See also Henry H. Perritt, Jr., “State Wrongful Dismissal Legislation,”Journal of Individual Employment Rights, 1(3):185-217 (1992-93).
10.
10. Clyde W. Summers, “Individual Protection against Unjust Dismissal: Time for a Statute,”Virginia Law Review, 62:481-532 (1976).
11.
On the corporation as a private government, see Stewart Macaulay, “Private Government,” in Law and the Social Sciences, ed. Leon Lipson and Stanton Wheeler (New York: Russell Sage Foundation, 1986).
12.
12. On the idea of crime as self-help justice, see Donald Black, “Crime as Social Control,”American Sociological Review, 48:34-45 (1983).
