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Full-Text Articles in Law
When Arbitration Agreement Provisions Time Travel: Illusory Promises And Continued At-Will Employment In Baker, Richard C. Byrd
When Arbitration Agreement Provisions Time Travel: Illusory Promises And Continued At-Will Employment In Baker, Richard C. Byrd
Missouri Law Review
First, this Note discusses the particular facts of the Baker case, including its procedural history and holding. Then, the history of salient cases and law is covered in three main areas related to Baker, specifically the concept of arbitrability, at-will employment’s status as effective consideration, and when courts find promises to be illusory. Following that, this Note summarizes the court’s decision in Baker and its lengthy and thorough dissent. Finally, this note discusses the significance of this case in relation to both the history of the topics involved and their application going forward.
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article further demonstrates that state common law exceptions to the employment-at-will doctrine are not providing significant redress to employees fired or otherwise disciplined for blogging.
Transforming At-Will Employment Disputes Into Wrongful Discharge Claims: Fertile Ground For Adr, Mary A. Bedikian
Transforming At-Will Employment Disputes Into Wrongful Discharge Claims: Fertile Ground For Adr, Mary A. Bedikian
Journal of Dispute Resolution
This Article begins by reviewing the historical evolution of the at-will rule and examining the common law wrongful dismissal theories. Next, it describes the recent trend of arbitrating wrongful discharge disputes, a trend which the author suggests provides a practical, sound forum for the resolution of employment claims.' 3 Finally, since arbitration is in derogation of the common law, this Article discusses the constitutional and pragmatic barriers to full-scale reform and use of arbitration. The author concludes that fragmentation of interests, political motivations, and the reluctance of the United States Supreme Court to confront an indispensable provision of the Federal …