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The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh
The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh
UAEU Law Journal
This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the …
The Employment Relationship In Anglo-American Law: A Historical Perspective, Marc Linder
The Employment Relationship In Anglo-American Law: A Historical Perspective, Marc Linder
Marc Linder
No abstract provided.
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Pepperdine Law Review
No abstract provided.
Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott
Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott
Faculty Scholarship
This Article begins by introducing the doctrine of employment at-will and its contemporary operation, and applying the doctrine to the facts in Wilkes. The point of the exercise is making clear the impact of Wilkes from the standpoint of employment law. The Article next turns to scholarship examining the at-will rule as a default rule and the circumstances under which a default rule may become sticky. Against this background, the Article concludes by reexamining the holding in Wilkes along with subsequent developments in Massachusetts and other jurisdictions. These include the implications of buy-sell and comparable provisions in shareholder agreements. In …
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Hofstra Labor & Employment Law Journal
No abstract provided.
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort
Journal Articles
No abstract provided.
Employer Reputation At Work, Samuel Estreicher
Employer Reputation At Work, Samuel Estreicher
Hofstra Labor & Employment Law Journal
Employer reputational costs - that is, the loss in value of the firm's reputational assets if the firm reneges on its promises to workers, both express and implied, - has played an important role in the economic literature of employment contracts, but this factor has itself generated little sustained analysis. Reputation is often offered as a late-appearing deus ex machina explaining why opportunistic behavior by employers even in internal labor markets is likely to be relatively unimportant. This standard explanation for the enforceability of implicit labor contracts in internal labor markets is problematic for at least three reasons. It assumes …
Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand
Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand
Villanova Law Review
No abstract provided.
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
Hofstra Labor & Employment Law Journal
Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
West Virginia Law Review
No abstract provided.
From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein
From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein
Hofstra Labor & Employment Law Journal
Most observers would say that the employment relationship is regulated largely by statutes. This Article argues that the statutory regulation of the employment relationship, and its correction of market failures, is disappearing under the cloak of judicial decisions upholding contracts which, in one form or another, find individuals to have waived their and the public's statutory rights. In a variation on the nineteenth century's transformation of the employment relationship from status to contract, we have the contemporary move from statute to contract. Part I of this Article examines how contractual waivers operate within the framework of the statutory regulation of …
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Hofstra Labor & Employment Law Journal
Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …
Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala
Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Hofstra Labor & Employment Law Journal
No abstract provided.
Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld
Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld
Hofstra Labor & Employment Law Journal
No abstract provided.
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields
Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields
Articles
On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …