Il sistema dei licenziamenti individuali negli Stati Uniti ed in Italia: analisi e spunti di comparazione

In the first chapter, the paper analyzes the U.S. system of individual dismissals, based on the Employment at-will rule. By applying this rule, the employer as the employee may terminate an indefinite term employment contract at any time, without justification and without notice. Over the past 50 years, U.S. doctrine (i.e. Blades, Summers, Perrit, Krueger; contra see. Epstein and Verkerke), even due to the Court rulings in regard of dismissals, has however supported the introduction of a legislative framework about individual dismissals, adopted by state or federal legislation. In addition to discrimination cases, the common law Courts tarnished the Eaw rule, by recognizing a dismissal as wrongful in case of contrast to: 1. the "public policy" 2. the implicit promise of the stability of an employment contract 3. the principles of good faith and fair dealing. In such cases, Courts have often sentenced the employer to reinstate the employee or to pay very expensive damages. In the abobementioned scenario, only Montana adopted a state legislation about individual dismissals. The second chapter describes the Italian system of individual dismissals, by analyzing the limited cases of “ad nutum” dismissal as provided by Law and, therefore, the new wording of art. 18 of the Workers’ Statute, inspired by the principles of law and economics and aimed at reducing cases of employee’s reinstatement. Therefore, the paper proposes three profiles of comparison between Italian and U.S. system, such as: a. dismissal for discriminatory reason or for unlawful determinant reason; b. good faith and fair dealing in the employment relationship, with particular regard to the illness of the employee; c. whistleblower’s protection. The third chapter provides some brief remarks on U.S. and Italian system of individual dismissals.