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Articles 1 - 8 of 8
Full-Text Articles in Law
Caring For Your Employees, Lance Plunkett Jd, Llm
Caring For Your Employees, Lance Plunkett Jd, Llm
The New York State Dental Journal
Employment laws are rapidly expanding worker opportunities and rights complicating dentists' ability to hire and retain employees in a competitive job market.
Texas: A Weak Governor State, Or Is It?, Ron Beal
Texas: A Weak Governor State, Or Is It?, Ron Beal
St. Mary's Law Journal
The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …
Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter
Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter
Journal of Vincentian Social Action
The United States and France are at opposite ends of the spectrum in protecting employees from employment termination. France has developed an elaborate regulatory and judicial scheme to protect workers, while the U.S. still allows workers to be in an at will relationship with their employers. In France employment is deemed to be permanent. In the U.S., workers are employed at the whim of their employer. In a major shift of policy, France adopted legislation allowing parties to enter into voluntary employment separation agreements. To protect against abuse, all settlement agreements are subject to court review for approval of the …
Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias
Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias
Articles
A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …
Employers Beware: The Missouri Court Of Appeals Takes A Bit Out Of The Employment At-Will Doctrine, Daniel P. O'Donnell Jr.
Employers Beware: The Missouri Court Of Appeals Takes A Bit Out Of The Employment At-Will Doctrine, Daniel P. O'Donnell Jr.
Missouri Law Review
In Dunn v. Enterprise Rent-A-Car Co., the Court of Appeals for the Eastern District of Missouri held that Thomas P. Dunn had presented sufficient evidence to state a cause of action for wrongful discharge for refusing to engage in conduct and for reporting conduct which he reasonably believed violated federal securities laws. Dunn continued Missouri's trend of expanding the availability of wrongful discharge actions to at-will employees terminated in contravention of public policy by merely requiring that the employee "reasonably believe" the instances at issue violate the law. This Note argues that the Eastern District was correct in extending the …
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Scholarly Works
America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …
Coping And Planning For Uncertainties In The Development Of Exceptions To The Employment-At-Will Doctrine, Robert J. Churilla
Coping And Planning For Uncertainties In The Development Of Exceptions To The Employment-At-Will Doctrine, Robert J. Churilla
Cleveland State Law Review
This Article will focus on how an employer can cope and plan for uncertainties in discharging an employee. After giving a general overview of the employment-at-will doctrine and the development of legal exceptions to its application, the discussion will center on four areas in which employers must address a changing relationship with its employees. These four areas include the planning of employment handbooks, job evaluations, developing personnel policies and planning for wrongful discharge litigation. The Article will conclude with some observations and thoughts on the benefits of coping with and planning for uncertainties in this area of employer-employee relations.
Recovery Of Lost Future Wages For The Breach Of An At Will Employment Contract, James Kevin Macalister
Recovery Of Lost Future Wages For The Breach Of An At Will Employment Contract, James Kevin Macalister
University of Baltimore Law Forum
No abstract provided.