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Articles 1 - 11 of 11
Full-Text Articles in Law
Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm
Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm
Northern Illinois University Law Review
This Comment discusses the status of the doctrine of employment at will in Illinois particularly as it relates to the employer in the wake of the Illinois Supreme Court decision in Duldulao v. St. Mary of Nazareth Hospital Center. A recommendation is made that further erosion should be minimized and that, to that end, the Illinois General Assembly should clarify pertinent terminology.
Substantiating "Competitive Disadvantage" Claims: A Broad Reading Of Truitt, Brandon David Lawniczak
Substantiating "Competitive Disadvantage" Claims: A Broad Reading Of Truitt, Brandon David Lawniczak
Michigan Law Review
This Note argues that the broad reading of Truitt is correct. It advocates a broad rule which would require an employer to disclose substantiating financial information to its employees' union whenever it claims that meeting a proposed wage demand would place the firm at a competitive disadvantage. Because the appropriateness of substantiating financial information is factually dependent, this Note will not focus on the type or amount of information that should be disclosed. Instead, it will focus on the legal and policy justifications for a broad disclosure rule. Part I reviews Truitt and discusses the various interpretations given to it …
Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein
Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein
Hofstra Labor & Employment Law Journal
No abstract provided.
Weingarten And The Taylor Law - A Claimed Difference Without Distinction, Anthony R. Baldwin
Weingarten And The Taylor Law - A Claimed Difference Without Distinction, Anthony R. Baldwin
Hofstra Labor & Employment Law Journal
No abstract provided.
Removal Of Criminal Prosecutions Of Federal Officials: Returning To The Original Intent Of Congress, Kenneth S. Rosenblatt
Removal Of Criminal Prosecutions Of Federal Officials: Returning To The Original Intent Of Congress, Kenneth S. Rosenblatt
Santa Clara Law Review
No abstract provided.
Comparison: Japanese And American Plant Closing Laws, Allison Zousmer
Comparison: Japanese And American Plant Closing Laws, Allison Zousmer
Michigan Journal of International Law
This Note analyzes the American and Japanese approaches to plant closings and discusses to what extent the American government can apply the successful Japanese approach to its own labor relations system. The first part examines the specific provisions of the two nations' laws. Second, it illustrates how the divergent social rules and historical backgrounds influence the operation of the plant closing laws in both nations. Part three explores the impact and applicability of Japanese labor policies to American industrial practices. The Note concludes that although the Japanese provide a general model for a labor management system which combines cooperation and …
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 …
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
St. Mary's Law Journal
Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …
The Charge Is Libel: The Best Defense Is An Aggresive Offense When A Public Official Sues The Media, Laura B. Choper
The Charge Is Libel: The Best Defense Is An Aggresive Offense When A Public Official Sues The Media, Laura B. Choper
Santa Clara Law Review
No abstract provided.
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
A Proposal To Protect Injured Workers From Employers' Shield Of Immunity., Catherine A. Hale
St. Mary's Law Journal
The current workers’ compensation system shields negligent employers from liability and fails to encourage compliance with safety standards. A practical solution is to broaden the judicial definition of intentional conduct and reinstate a common-law negligence action in workers’ compensation statutes. The Texas Workers’ Compensation Act awards compensation to employees for accidental injuries sustained in the course of employment. The Act bars an employee who accepts these benefits from bringing a common-law suit for damages against the employer. The exclusive nature of the workers’ compensation remedy thus leaves employers immune from common-law negligence actions by employees who accept the plan. An …
At-Will Employment: An Overview, Theodore J. St. Antoine
At-Will Employment: An Overview, Theodore J. St. Antoine
Articles
The most dramatic development of the last decade has been the rapid judicial expansion of modifications in at-will employment doctrine.