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Articles 1 - 6 of 6

Full-Text Articles in Law

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin Apr 1983

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …


Protection Against Unjust Discharge: The Need For A Federal Statute, Jack Stieber, Michael Murray Jan 1983

Protection Against Unjust Discharge: The Need For A Federal Statute, Jack Stieber, Michael Murray

University of Michigan Journal of Law Reform

We argue that only a federal statute can fully protect American workers from the harsh consequences of the employment-at-will rule. Part I of this Article outlines the nature and scope of the problems caused by the at-will doctrine. Part II surveys a variety of potential solutions to these problems - unionism, voluntary internal grievance mechanisms, existing statutes, the Constitution, and judicially created exceptions to the at-will rule - and finds each an inadequate source of protection. The final Part urges the enactment of a federal statute to protect all American workers from unjust dicharge and sets out several substantive criteria …


Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin Jan 1983

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …


Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford Jan 1983

Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford

University of Michigan Journal of Law Reform

Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal


Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully Jan 1983

Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully

University of Michigan Journal of Law Reform

This Note advocates an implied contract analysis that both satisfies contractual requirements and protects the reasonable expectations of employees and employers. Part I describes the various reliance interests that employees bring to their jobs, the employer inducements that cause this reliance, and the business benefits that accrue when employees rely upon these inducements. Part II examines in detail judicial reluctance to enforce either these reliance interests or employer promises as contract rights under the at-will doctrine. Part II also urges the increased use of modern contract theories such as promissory estoppel, quasi-contract, and implied contract to protect employee reliance interests …


A Right Of Fair Dismissal: Enforcing A Statutory Guarantee, Janice R. Bellace Jan 1983

A Right Of Fair Dismissal: Enforcing A Statutory Guarantee, Janice R. Bellace

University of Michigan Journal of Law Reform

Support for the concept that employees should be protected against wrongful dismissal continues to grow in this country. Yet, many advocates of protection have thus far refrained from venturing into the legislative arena. Even though the movement to achieve this protection is still at an early stage, it is not too soon to focus on specific proposals designed to translate ideals into protections. By failing to coalesce behind a single proposal, supporters have retarded the progress of the movement. Without a proposal for specific legislation, supporters lack a rallying point and legislators have nothing concrete to debate. This Article attempts …