Abstract
The paper relates that many citizens today are concerned about the issue of employment law as it relates to the failures of employment law, particularly the increasing complexity of the employment "at will" doctrine and all its exceptions and unpredictable outcomes. The paper discusses the Montana Wrongful Discharge from the Employment Act and the Model Employment Termination Act drafted by the Uniform Law Commissioners. The paper argues that based on these and other proposed solutions to the problem, a model law can be drafted to address the issue and to serve as a guide for the future.

From the Paper
"Many citizens today are concerned about the issue of employment law as it relates to the failures of employment law, particularly the increasing complexity of the employment "at will" doctrine and all its exceptions and unpredictable outcomes. Workers and litigants at a wide range of compensation levels have had complaints about this area of the law. Among the laws that have been written to address aspects of this issue are the Montana Wrongful Discharge from Employment Act and the Model Employment Termination Act drafted by the Uniform Law Commissioners. Based on these and other proposed solutions to the problem, a model law can be drafted to address the issue and to serve as a guide for the future."

Tags:employment, law, protections

Abstract
This paper discusses Richard Epstein's article, "In Defense of the Contract at Will," in which he describes at will employment as an inherent right awarded to all employers. The paper presents his arguments and reviews their validity. It discusses the strategy of his arguments and describes why they are successful in their presentation.

From the Paper
"What these authors recognize in at-will's implicit contract is that it is simply not a contract at all and all of the demands are made by the employer with little recourse for the employee other than to quit and suffer the greater economic harm and consequences. Hence, the at-will contract is essentially a mandate rather than a contract and it is a mandate that states that employees will abide by the predetermined agreements of the employer or be removed from employment at any time and for any reason."

Tags:employer, signatory, employee, union

Abstract
The paper explains the ramifications of employment at will for employee and employer, and concludes that when viewed from the perspective of the employer, the employment at will contract meets the standard of utilitarianism.

From the Paper
"Many states are now employment-at-will states, meaning that the employment contract can be severed by either party-the employer or the employee-with no reason and with little or no notice. This assumes, of course, that the reason for dismissal is not in conflict with other state or federal guidelines regarding discrimination or other unfair practices. At the same time, the utilitarian approach to ethics maintains that individuals should behave so as to maximize their utility-happiness-as well as to maximize the greatest amount of..."

Tags:employment at will, utilitarianism, john stuart mill, employer, employee

Abstract
In this article, the writer looks at Richard Epstein's defence of the at-will contract. The writer maintains that Epstein is a tactician in terms of his presentation and argumentation but in terms of substance he relies almost completely on smoke and mirrors to support a virtually unsupportable position. The writer argues that at-will employment environments offer very little real incentive for employees to vest fully in their positions because underwriting their entire existence in the at-will workplace, is the implicit threat of sudden job loss. The writer points out that, what first seems brilliant in Epstein's position on at-will contracts, being roughly equitable to the freedom of speech, at his conclusion, suddenly seems shallow and superficial. The writer then notes that for their part, Patricia Werhane and Tara Radin remain if not brilliant then consistent and empathetic to the employer who, in private companies, is subject to sudden job loss without due process and little recourse. They recognize that, irrespective of what Epstein would have the reader believe, at-will contracts are meaningless constructs that do nothing but free employers from any moral or ethical consideration of the employee.

From the Paper
"However, the at-will contract is a sort of contract in negative where the only obligation is for the employee to show up to work every day at risk of job loss and the long-term negative effect that job loss will have on the employee's successive career. For the employer, there is no substantial financial threat, generally speaking, should an employee leave and certainly the employer does not risk long-term negative consequences due to an employee's departure. The employer merely hires another employee to fulfil that functional role within the company. The employee, on the other had, is often under economic constraints that make such a job loss or employment change catastrophic. At-will contracts are contracts in name only with the only benefit being the employer who is under no obligation to continue to provide employment from one minute to the next. In fact, for Epstein, his argument concludes on a blame the victim note where although some abuse of at-will contracts may exist, it does nothing to undermine the overall perfection of the system .. "

Tags:job, employer, obligations, employment

Abstract
This paper analyzes Epstein's defense of the at-will contract and explains why his strategy for this defense is both effective and insightful.

From the Paper
"At the outset of Epstein's defence of the at-will contract he attempts to equate the mundane with the esoteric. In so doing he disingenuously removes the at-will contract from criticisms that might normally be levelled against it. Such a strategy is both effective and insightful because the inverse of this approach is the tacit admission that without relying on such a ploy, the at-will contract could be easily shown for what it is which is a complete disavowal of any social contract or similar responsibility on the part of employers. Epstein's ploy is stated at the outset upon which the remainder of his work is based. He equates the mere existence of at-will contracts with..."

Tags:philosophy, employment, rights

Abstract
This paper examines a scenario in which an individual believes that he has been discriminated against in the workplace and follows the process from the initial filing of the complaint with the U.S. Equal Employment Opportunity Commission through the civil litigation process. This paper also examines the standards under which an individual can succeed in proving discrimination and the steps that the EEOC will take in investigating complaints made by employees or former employees about their employer's business practices.

From the Paper
"According to the official website of the U.S. Equal Employment Opportunity Commission (EEOC), anyone who believes that his or her rights have been violated by their employer may file a discrimination claim with the EEOC. In the scenario presented, when filing such a charge or complaint, John would be asked to complete an intake questionnaire that would be submitted to the nearest EEOC office. That questionnaire must include the employer's name and address, the complainant's name and address, a short description of the alleged discrimination..."

Tags:Employment law and, John discrimination, equal employment opportunity commission, complaint, civil litigation process, depositions, pretrial motions, Federal District Court, US Court of Appeals, Supreme Court, litigants, appellant, federal law

Abstract
This paper outlines the major aspects of employment law that need to be considered by an organization. It bases its discussion primarily on a case analysis from a simulation based on the company, FastServe Incorporated. The simulation presents five candidates for dismissal and examines major areas of employment law and the legal implications surrounding dismissals.

Table of Contents:
Introduction
Regulatory Circumstances: Understanding Employment at Will & Collective Bargaining
The Agency Principle
Legal Risk and Business Risk

From the Paper
"In conclusion, as shown from the simulation, employment law and the auspices surrounding the issue are expansive. The legal issues in the workforce stem from hiring, interviewing, dismissals and all aspects of labor activities. Employment risk plays a major part within this overall area. As shown from the simulation, it coincides with all legal issues in the workforce and even outlines aspects of the principal-agent problem studied in economics. Nevertheless, its understanding is important to the sustainability of an organization as is clearly outlined for FastServe."

Tags:workforce, discrimination, resourcefulness

Abstract
The paper's first question regards workplace discrimination and how Rawlsian theory and Libertarian doctrine might differ with respect to this discrimination. The second question relates to the at will employment structure in the U.S. market, while the third question refers to a case in which a U.S. shoe manufacture is claiming its products are made in the U.S. when some of its product is actually fabricated overseas.

From the Paper
"This document discusses three questions related to employment and ethical operations in the U.S. market. The initial question regards workplace discrimination and how Rawlsian theory and Libertarian doctrine might differ with respect to this discrimination. The second question relates to the at will employment structure in the U.S. market while the third question refers to a case in which a U.S. shoe manufacture is claiming its products are made in the U.S. when some of its product is actually fabricated overseas."

Tags:ethics, workplace, discrimination

Abstract
The following paper will look at legislation which reshaped Ontario Employment Standards in the last decade and whether or not this legislation has really aided Ontario workers. Specifically, the paper will look at the 2000 Employment Standards Act initially passed by the former conservative government. In doing so, this paper will look at the key changes in employment labour standards brought into being by the act, the impact of the legislation upon Ontario workers, and the role minimum employment labour standards (such as the above-mentioned 2000 act) are supposed to play in the labour market - and whether or not the recent Ontario legislation has satisfied this role as it is widely understood. In the end, the results appear mixed: the new standards have given employees the flexibility many want - but that flexibility is offset at least in part by conditions that could compel workers to labour harder than ever for relatively less pay than ever.

From the Paper
Employment Standards in Ontario: Recent Changes and the Ongoing Debate over Whether Ontario is Moving Forward The following paper will look at legislation which reshaped Ontario Employment Standards in the last decade and whether or not this legislation has really aided Ontario workers. Specifically, the paper will look at the 2000 Employment Standards Act initially passed by the former conservative government. In doing so, this paper will look at the key changes in employment labour standards brought into being by the act, the impact of the legislation upon Ontario workers, and the role minimum employment labour standards (such as the above-mentioned 2000 act) are

Tags:debate, ontario, standards

Abstract
This paper is a law school essay on covenants not to compete and the successor employer, who acquires the assets of an existing employer including covenants not to compete and then loses employees and tries to enforce the covenants. It recommends that the employer be allowed to enforce the covenants only if it has express provisions making them transferable and it is a reasonable covenant.

From the Paper
"In American law, two venerable but contentious doctrines are the concept of "at will" employment and the (somewhat limited) enforceability of covenants not to compete. "At will" employment has been the general rule in practice in America since at least the early 1800s. In almost all jobs in America, the employee can be dismissed at any time for any reason, or no reason at all. Historically, the full legal acceptance of the doctrine is generally traced to an 1877 treatise, in which the author stated With us the rule is inflexible, that a general or indefinite hiring is prima facie a hiring at will, and if the servant seeks to make it out a..."

Tags:covenant, employment, competiton