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Journal of Labor Economics Vol. 21 No. 1 2003

Outsourcing at Will: The Contribution of Unjust Dismissal Doctrine to the Growth of Employment Outsourcing

David H. Autor1,2

1 Massachusetts Institute of Technology · 2 National Bureau of Economic Research

Abstract

Over the past 3 decades, the U.S. Temporary Help Services (THS) industry grew five times more rapidly than overall employment. Contemporaneously, courts in 46 states adopted exceptions to the common law doctrine of employment at will that limited employers' discretion to terminate workers and opened them to litigation. This article assesses the contribution of "unjust dismissal" doctrine to THS employment specifically, and outsourcing more generally, finding that it is substantialexplaining 20% of the growth of THS between 1973 and 1995 and contributing 500,000 additional outsourced workers in 2000. States with smaller declines in unionization also saw substantially more THS growth.

DOI
10.1086/344122
Volume
21
Issue
1
Pages
1-42
Language
en
Sources
openalex crossref

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