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Full-Text Articles in Law
Just Notice: Re-Reforming Employment At Will, Rachel S. Arnow-Richman
Just Notice: Re-Reforming Employment At Will, Rachel S. Arnow-Richman
Rachel S. Arnow-Richman
This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not (as defenders of the current regime have argued) because a just cause rule grants workers too much protection vis-à-vis management, but because it grants them too little. A just cause rule provides only a weak cause of action to a narrow …
Fair Termination In An At-Will World, Rachel S. Arnow-Richman
Fair Termination In An At-Will World, Rachel S. Arnow-Richman
Rachel S. Arnow-Richman
This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not (as defenders of the current regime have argued) because a just cause rule grants workers too much protection vis-à-vis management, but because it grant them too little. A just cause rule provides only a weak cause of action to a narrow …
Employment As Transaction, Rachel S. Arnow-Richman
Employment As Transaction, Rachel S. Arnow-Richman
Rachel S. Arnow-Richman
This paper offers a fresh perspective on the upper-level employment law class based on the theme of employment as transaction. Like much of law school, employment law is often taught from a public advocacy perspective in which the primary role of the lawyer is to vindicate workers’ rights or defend managerial action. As a doctrinal matter, however, courts are showing increased attention to the role of private ordering in defining workplace rights and assessing liability. Courts routinely examine employers’ efforts to redress unlawful behavior under antidiscrimination law and consistently sanction the use of arbitration agreements waiving rights to a federal …