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The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.
Fordham Urban Law Journal
Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass
Fordham Urban Law Journal
The City of Schenectady and City Fire Fighters Union, Local 28, which resulted in the first decision that parity clauses are not invalid per se, recognized that some parity clause arrangements can allow the employer and one or more unions to plan and execute long-range agreements; Two or more unions can agree among themselves that one union can implicate the others in a parity arrangement. This Note discusses the effect of on the negotiability of parity clauses in public sector employment contracts. The New York State "Taylor Law" governing public employees, and the New York courts' analysis of parity clauses …