It is now established in employment law that an implied term of trust and confidence exists in the contract of employment which subjects' parties to a duty not to conduct themselves without reason in such manner that will likely destroy or damage the existing trust and confidence between them....

Employee raiding scenarios provide a unique opportunity for students examine the intersection of business strategy and the law. This article provides a high-energy teaching case study and teaching note that places students in the role of business decision-makers facing the unforeseen and abrupt...

We estimate the effects on firm salary, return on assets, and efficiency of wrongful discharge protections adopted by U.S. state courts during 1980-1990. By examining the data of approximately 17,500 commercial banks, we find evidence that all three wrongful discharge doctrines - the public...

We analyze the role of damage clauses in labor contracts using a model in which a worker may want to terminate his current employment relationship and work for another firm. We show that the initial parties to a contract have an incentive to stipulate excessive damage clauses, which leads to ex...

One of the most vexing public policy issues is the extent to which governments should intervene into private contractual relationships. The purpose of this paper is to explore both theoretically and empirically the extent to which such interventions may enhance efficiency. In the case of...

There are two approaches to employer bullying in the Canadian common law of employment. One approach treats it as a breach of an implied term of the employment contract requiring fair dealing (repudiation by breach of contract, or RBB). The other treats it as a repudiation of contract without...

Do employing entities have a responsibility to not misrepresent the employment status of their staff? This article suggests that recent jurisprudence does create this responsibility. The article starts, first, by discussing the much-awaited Taylor Review, released in July 2017. This purported to...

California faces a significant pension-funding crisis. It has increased government-worker pensionbenefits repeatedly since the 1980s. Meanwhile, a California Supreme Court doctrine—theCalifornia Rule—has been understood to forbid cutting benefits for any currently employedgovernment workers,...