Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Deconstructing Employment Contract Law, Rachel Arnow-Richman, J.H. Verkerke
Deconstructing Employment Contract Law, Rachel Arnow-Richman, J.H. Verkerke
UF Law Faculty Publications
Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars, skeptical of employees’ ability to bargain, tend to disregard contract law and advocate for just-cause and other legislative reforms to eliminate at-will employment. And contracts scholars largely ignore employment cases—viewing them, with some justification, as part of a peculiar, specialized body of law wholly divorced from general contract jurisprudence. As a result of this undesirable employment law exceptionalism, courts lack the tools needed to resolve recurring disputes.
This Article offers a new, comprehensive historical account that exposes the formalistic …