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Labor and Employment Law

1985

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The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine Jan 1985

The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine

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The most significant development in the whole field of labor law during the past decade was the growing willingness of the courts to modify the traditional doctrine of employment-at-will. Applying either tort or contract theory, or both, judges in some thirty jurisdictions declared their readiness to blunt the worst rigors of the rule that an employment contract of indefinite duration can be terminated by either party at any time for any reason. These dramatic breakthroughs evoked almost universal acclaim from disinterested commentators, primarily on the grounds of simple justice. Now we may be entering a new phase of consolidation, refinement, …