Employment Law: Private Ordering and Its Limitations
Now there is a way to teach a comprehensive yet efficient course in employment law. By presenting a thematically and organizationally coherent view of employment law through the lens of private ordering, this refreshing new casebook avoids overwhelming students while enabling instructors to cover a wide range of content. the authors make their book accessible and teachable by: organizing the book around the theme of private ordering -- the rights and duties that flow between parties in an agreement -- And The laws that seek to balance contractual freedoms and market forces with countervailing social interests using this framework to comprehensively cover varied topics taught in the employment law survey course providing thorough thematic and doctrinal coverage of each area presenting cases that are rigorously edited for brevity but include detailed discussions of the facts using brief, accessible notes and questions to address the cases and stimulate critical thinking supplying problems and exercises that require students to apply the doctrine in a particular context and to think creatively about how to protect the interests of workers or their firms developing students' transactional lawyering skills -- such as planning, drafting, advising, and negotiating -- in the context of the employment relation the casebook is part of a complete teaching package that includes: a comprehensive Teacher's Manual that explains the selection of materials, discusses how the authors present the materials to their students, lists the questions they ask students, and provides answers and suggested comments For The problems and exercises in the book a helpful website -- updated monthly -- where professors and students will find newspaper and magazine stories, sample practitioner materials, new cases, updates, additional problems, PowerPoint slides, and employment law examinations
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B Distinguishing Employer from Employee
The Rise of Contingent Labor as a Challenge
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activities agreement alleged apply at-will employment Baccigalupi bargaining benefits breach cause of action claim common-law compensation conduct Connick constitutional context corporate criminal damages decision defamation delivery workers determine dismissal district court drug testing Duane Reade duties employ employment contract employment law employment relationship enforcement ERISA ESPP evidence expectation of privacy fact federal fired firm Fitzgerald FLSA Fourth Amendment handbook hired Hoffmann-La Roche Hudson/Chelsea defendants implied independent contractor intent intrusion issue job security jury labor liability limited litigation manager manual matters of public ment Microsoft Natkin offer parties performance plaintiff position promise promissory estoppel protection public concern public employees public policy exception public policy tort question reasonable recognized response Roseland rule Sanyo Sarbanes-Oxley Schoff searches Seisint speech statements statute statutory summary judgment supervisor termination trial court urinalysis violation wages whistleblower workplace wrongful discharge