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Labor and Employment Law

Selected Works

2016

Employment law

Articles 1 - 2 of 2

Full-Text Articles in Law

Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt Apr 2016

Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt

Larry A DiMatteo

The paper is a multidisciplinary collaboration between contract law, employment law and management scholars and draws from the fields of law, management, and psychology. After reviewing and noting the gaps in the employment and justice literatures, this paper presents the findings of a survey of 763 participants to measure whether certain variables—procedural and substantive fairness, as well as educating employees on the principle of employment at will—impact the propensities of employees to retaliate and litigate at the time of discharge. The survey results are significant and striking. We find statistically significant reductions in retaliation and litigation rates when survey respondents …

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Redefining "Employee" To Provide Worker Protections Within A Flexible Workforce, Robert Sprague Dec 2015

Redefining "Employee" To Provide Worker Protections Within A Flexible Workforce, Robert Sprague

Robert Sprague

This paper focuses on firms misclassifying workers as independent contractors instead of as employees. This means fewer and fewer workers are afforded legal workplace protections. The tests used to determine how workers should be classified are complex and convoluted. This paper argues that rather than focus on classifying a worker solely as either an employee or independent contractor, the concept of “employee” should be redefined to incorporate those workers who are somewhere in between, which describes a large number of workers in the U.S. who are denied protection from workplace laws.

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