Contract Actions In Employment Law

This book has been written against a background of increasing interest in the possibilities of using the traditional breach of contract action more widely in employment disputes, in spite of teh existence of the many statutory rights. This area has seen substantial developments in recent years, in both tribunals and courts. The aim of this book is to take stock of these developments and to seek to put some order and structure into them. Although the modern case law has sometimes settled contentious points, more often it has opened up new controversies and possibilities, often requiring reconsideration of some surprisingly fundamental points against the backdrop of contemporary industrial and employment practices.

This text focuses on the law relating to wrongful dismissal in the context of a breach of the employment contract in the UK. The book covers the fundamental rules relating to the employment contract, including the discussion of express and implied terms, and the rules concerning action for breach of contract. It also examines liability and quantum in respect of compensation for wrongful dismissal. Adopting a practical approach, this second edition is an essential guide and offers UK case studies and precedents combined with authoritative analysis. It has been fully updated to include the numerous changes in UK employment law since the previous edition in 2002.

This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

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

The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

"The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment." --Publisher's website.

The Employment Law Review, edited by Erika C Collins of Proskauer Rose LLP, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. As well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals. Other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. Contributors include: Els de Wind, Van Doorne; Annie Elfassi, Loyens Loeff. "e;Excellent publication, very helpful in my day to day work."e; - Mr Frederic Thoral, Head of HR, BNP Paribas"e;Excellent coverage and detail on each country is brilliant."e; - Mr Raani Costelloe, General manager of Legal and Business Affairs, Sony music Entertainment, Australia"e;An excellent resource for in-house counsel for a company with an international footprint."e; - Mr John R Pendergast, Senior Counsel, BASF Corporation, USA"e;It's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - Oran Kiazim, Vice President, Global Privacy, SterlingBackcheck, UK