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Full-Text Articles in Law
Employee Or Entrepreneur?, Jeffrey M. Hirsch
Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch
Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch
Jeffrey M. Hirsch
The National Labor Relations Board's current analysis of union organizers' right to access employer property relies heavily on an employer's right to exclude under state property law. If the employer possesses this right, an attempt to exclude organizers is generally lawful; if the employer lacks this right, the attempt is unlawful. This scheme makes little sense doctrinally, as an employer's property interests are usually irrelevant to the issue that should be the Board's primary concern— whether the removal of union organizers interferes with employees' federal labor rights. I propose eliminating consideration of state property rights from right-to-access cases. Instead, the …
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
Jeffrey M. Hirsch
No abstract provided.
Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch
Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch
Jeffrey M. Hirsch
Commentators have long debated the merits of the United States’ “at-will” rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional, statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require “cause” for most dismissals. Although other countries’ cause regimes differ significantly from the U.S. on paper, this Article addresses whether those differences in normative law also reflect differences in employees’ protection against wrongful termination in reality. The existing literature on dismissal …