Law Commons^™

Looking South: Toward Principled Protection Of U.S. Workers, Ann C. Mcginley

FIU Law Review

In Principled Labor Law: U.S. Labor Law through a Latin American Method, authors Sergio Gamonal C. & Cesar F. Rosado Marzán argue that U.S. courts should follow the Latin American method of applying long-held jurisprudential principles to interpret labor law. The authors’ baseline is clear: applying these principles to U.S. employment law will better the employment opportunities and stability of workers who suffer from unequal bargaining power and the ever-present employer-oriented employment-at-will doctrine. Focusing on Title VII of the 1964 Civil Rights Act, and other civil rights provisions, this article imagines how applying the principles described by Gamonal and Rosado …

The Legal Chokehold: Professional Employment In Ohio Under The Employment-At-Will Doctrine, Lorraine K. Phillips

Akron Law Review

This article seeks to present the employment-at-will doctrine and the theories of its erosion. In particular, the article will examine Ohio case law from a practical perspective, with emphasis on which theories are most likely to provide successful arguments around the employment-at-will rule. In addition, the article will reveal trends and possible future proposals to deal with employment disputes

Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab

Stewart J Schwab

No abstract provided.

Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab

Stewart J Schwab

Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible. Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …

California Wrongful Discharge Law Turns Toward The Plaintiff , Jennifer Vanse

Pepperdine Law Review

No abstract provided.

Labor And Employment Law, Anne Richardson Smith

University of Richmond Law Review

No abstract provided.

Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley

Articles by Maurer Faculty

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab

Cornell Law Faculty Publications

Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible.

Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …

A Straitjacket For Employment At-Will: Recognizing Breach Of Implied Contract Actions For Wrongful Demotion, Gregory M. Munson

Vanderbilt Law Review

For over a century, employment at-will has been the law in almost all American jurisdictions.' As a result, employers can fire their employees, and employees can quit, with or without reason. In addition, employers have the authority under the at-will rule to regulate all terms and conditions of employment. During the past two decades a series of judicial exceptions to the at-will rule that prohibit termination of an employee for a variety of reasons have eroded the at-will doctrine. These exceptions fall into two categories. First, an employer may not terminate an employee for reasons that violate public policy Second, …

Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab

Cornell Law Faculty Publications

Employment Security: A Comparative Institutional Debate, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Wrongful Discharge: Litigation Or Arbitration?, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.

Fordham Urban Law Journal

Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …