Download or read book Restating Employment Remedies written by Charles A. Sullivan and published by . This book was released on 2015 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: As far as Remedies is concerned, the new Restatement of Employment Law is very much a mixed bag. Perhaps the most obvious conclusion is one we did not need a Restatement to know: the law's remedial scheme generally favors employers although this may largely stem from the reality that most employees are judgment proof or at least not worth pursuing for whatever money might be collected. That is, this may largely explain the law's slant towards injunctive relief for employers. As for enhanced monetary remedies against faithless servants, the explanation is probably more historical than logical, stemming from an ill-defined “fiduciary” notion that transitioned from trust law through various confidential relationships into what we now know as employment law.The new Restatement, however, does not often tilt the playing field further towards employers and sometimes makes modest efforts to level it. Its disapproval of the inevitable-disclosure rule comes to mind. Further, some of its innovations -- a new test for modifying overbroadly restrictive covenants -- might be of some utility in this regard. Nevertheless, other policy choices -- the adoption of the lowered-sights doctrine for mitigation efforts and the rejection of reinstatement for employees discharged in violation of public policy -- seem very dubious. As for its reformulation of the rules about enforcing restrictive covenants, the blackletter might or might not do some good in curtailing the unconsidered spread of such covenants. Finally, Employment Law failed to address issues of potential importance where it could have made some improvements or at least offered useful guidance.

Download or read book What Should the Proposed Restatement of Employment Law Say About Remedies written by Alan Hyde and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment termination in breach of contract is normally remedied by anticipated earnings from the lost job, mitigated by any amounts that the victim actually earned, or could with reasonable effort have earned, from alternative employment. Traditionally neither consequential nor punitive damages are available. The assumption is that most people who lose jobs unlawfully manage quickly to find alternative employment and suffer no long-lasting harm. Recent economic and epidemiological research explodes this assumption. Workers who lose jobs experience health problems (stroke, heart disease, depression, tobacco use), increased mortality, and continuing economic losses, long after the period of unemployment. Moreover, that period of unemployment after job loss lasts much longer than it used to. The Restatement should not freeze existing remedies, but should permit common law remedies to evolve to resemble statutory remedies under the Civil Rights Act of 1991, for example by expanding the covenant of good faith and fair dealing.

Download or read book Employment Termination written by William J. Holloway and published by . This book was released on 1985 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a discussion of a wide range of employment termination issues, including: employment at will, wrongful discharge, preemption, exhaustion, damages, and many related topics.

Download or read book Restatement of the Law Third written by American Law Institute and published by . This book was released on 2006 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Restatement of the Law Third Employment Law written by American Law Institute and published by . This book was released on 2008 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Dismissal from Employment and the Remedies written by Ashgar Ali Ali Mohamed and published by . This book was released on 2014 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Tribunal Remedies Handbook 2024 25 written by Benjamin Gray and published by . This book was released on 2024-07-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Tribunal Remedies Handbook written by Benjamin Gray and published by . This book was released on 2022-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contingent Loyalty and Restricted Exit written by Catherine Fisk and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8 of the American Law Institute's Restatement of Employment Law proposes bad law in every sense of the word when it restricts job mobility of current and former employees by imposing a general duty of loyalty and providing for enforcement of non-compete agreements. Its rules are vague and confusing on crucial issues where clarity and precision are needed. In allowing employers to prevent current and former employees from engaging in competitive employment, Chapter 8 is out of sync with the assumptions underlying the at will rule articulated in Chapter 2 of the Restatement, which insists that employment is an at will relationship that either side can terminate in order to pursue more lucrative opportunities with other contracting partners. It is also out of sync with the norms of many contemporary employment relationships in which employees are expected to bring their knowledge and skills to every job and to depart, perhaps after a relatively short-term period of employment, with enhanced knowledge and skills. The only legitimate interests employers have in restraining competition by current or former employees are protected by the law of misappropriation of trade secrets, by the torts of interference with contract and interference with prospective business advantage, and by the corporate opportunity doctrine for managerial employees who owe a fiduciary duty to the firm. The duty of loyalty, as stated in the Restatement and as applied by courts, adds no legitimate protection to employers and is simply anticompetitive. More important, in allowing employers to resort to contract and tort liability to restrict labor market mobility, the Restatement ignores a substantial body of empirical research showing that legal restrictions on mobility are bad for employees, bad for firms, and bad for the economy as a whole. Courts should approach provisions of Chapter 8 skeptically. If they do, the Restatement may fail in its aspirations to shape the law, but at least it will not fail in the ALI's goal of improving the law.

Download or read book Employment Tribunal Remedies Handbook written by Benjamin Gray and published by . This book was released on 2017-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Tribunal Remedies written by Anthony Korn and published by Oxford University Press. This book was released on 2011-03-03 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Tribunal Remedies provides a comprehensive, practical and accessible guide to the remedies, including financial awards, available for every type of claim brought to the tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay, and claims for unpaid wages.

Download or read book Remedies in Employment Law written by Susan Belgrave and published by Law Society Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on remedies in employment, an important part of employment litigation affecting both the employee and the employer. It clarifies the principles underpinning remedies in employment cases and offers a step-by-step guide to preparing claims and the calculation of compensation.

Download or read book Employment Tribunal Remedies Handbook written by BENJAMIN. GRAY and published by . This book was released on 2019-06 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Remedies on Termination of Employment written by Richard White and published by . This book was released on 1988* with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employee Dismissal Law and Practice 7th Edition written by Perritt and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether your case involves a public or private sector job, a downsizing, or termination for cause, violation of employer policies, failure to keep a specific promise, adverse action for claiming employee rights, or whistle-blowing, Employee Dismissal: Law and Practice provides the guidance you need in this rapidly evolving area of employment law. Providing in depth analysis of the common law and statutory wrongful dismissal doctrines, as well as practical guidance on all aspects of employee dismissal litigation from complaints through jury instructions, Employee Dismissal: Law and Practice Online is an invaluable resource for evaluating and litigating a wrongful discharge case. Employee Dismissal: Law and Practice brings you up to date on the latest cases, statutes, and developments including: New case law for Illinois, Iowa, Pennsylvania, South Dakota, Washington, and West Virginia New section on discrimination based on immigration status New reference for state qui tam suits New case law on specific enumeration of disciplinary causes or steps giving rise to inference of employment security New case law on disclaimers New case law on identifying sources of public policy clearly New case law on constitutional provisions satisfying the clarity element of a public policy tort New case law on jeopardy to public policy when statutory remedies exist New case law on jeopardy to public policy when the contract protects employees Extensive analysis of the Supreme Court's Epic Systems decision and its implications for employee class actions New analysis of notice pleading requirements in employment cases New case law on whistleblower protection of shareholder employees New case law on the scope of public-sector whistleblower protections New case law on the availability of non-economic damages in statutory whistleblower cases New chapter on settlement negotiations with a computer program to estimate the best alternative to a negotiated agreement or reservation price

Download or read book Valuing Employment Rights written by ACL Davies and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyses a neglected topic: remedies for breaches of employment rights. It argues that some of the remedies set out in statute or at common law are a poor 'fit' for the employment rights they are supposed to protect. Moreover, the remedies on offer do not always suggest a sensible ranking of employment rights. The book suggests why some of these problems might have arisen and makes proposals for reform. Ranging across theory and doctrine, and analysing criminal, contract, tort, and statutory employment law, this book will be of interest to academics seeking a deeper understanding of the subject"--

Download or read book Remedies in Employment Discrimination Law written by Robert Belton and published by Aspen Publishers. This book was released on 1992 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: The top concerns of plaintiffs and defendants in employment discrimination cases are 'What am I going to receive if I win my case?' and 'How much will this case cost the company if we lose?' Professor Belton answers both of these questions by providing in-depth explanations of the broad range of remedies available, from both a monetary and nonmonetary standpoint. Topics cover a wide range of remedies including: the remedial measures of injunctive relief, reinstatement, promotion, compensation, mitigation, and punitive and liquidated damages.