The United States and France are at opposite ends of the spectrum in protecting employees from employment termination. France has developed an elaborate regulatory and judicial scheme to protect workers, while the U.S. still allows workers to be in an at will relationship with their employers. In France employment is deemed to be permanent. In the U.S., workers are employed at the whim of their employer. In a major shift of policy, France adopted legislation allowing parties to enter into voluntary employment separation agreements. To protect against abuse, all settlement agreements are subject to court review for approval of the separation terms and the amount of severance pay. This scheme parallels what happens in the U.S. in matrimonial actions. This paper argues that same protections afforded parties in matrimonial actions should be in place for employment terminations. This would mean an end to at will employment.
Agnello, Vincent; Stolowy, Nicole; and Winter, Joseph F.
"Divorcing Your Job French Style: An Argument to End At Will Employment in the United States,"
Journal of Vincentian Social Action: Vol. 3:
2, Article 6.
Available at: https://scholar.stjohns.edu/jovsa/vol3/iss2/6
Business Law, Public Responsibility, and Ethics Commons, Curriculum and Social Inquiry Commons, International and Comparative Labor Relations Commons, Law Commons, Scholarship of Teaching and Learning Commons