Summary of Contents
FOREWORD
Chapter 1. Existence of Employment Relationship
Introductory Note
§ 1.01. Conditions for Existence of Employment Relationship
§ 1.02. Volunteers Are Not Employees
§ 1.03. Controlling Owners Are Not Employees
§ 1.04. Employees of Two or More Employers
Chapter 2. Employment Contracts: Termination
Introductory Note
§ 2.01. Default Rule of an At-Will Employment Relationship
§ 2.02. Agreements and Binding Employer Promises or Statements Providing for Terms Other
Than At-Will Employment
§ 2.03. Agreements for a Definite or Indefinite Term
§ 2.04. Cause for Termination of Employment Agreements
§ 2.05. Binding Employer Policy Statements
§ 2.06. Modification or Revocation of Binding Employer Policy Statements
§ 2.07. Implied Duty of Good Faith and Fair Dealing
Chapter 3. Employment Contracts: Compensation and Benefits
Introductory Note
§ 3.01. Right to Earned Compensation
§ 3.02. Bonuses and Other Incentive Compensation
§ 3.03. Benefits
§ 3.04. Modification of Compensation or Benefits
§ 3.05. Implied Duty of Good Faith and Fair Dealing
Chapter 4. Principles of Employer Liability for Tortious Harm to Employees
Introductory Note
§ 4.01. Scope of Employer's Liability to Employees Generally
§ 4.02. Employer's Direct Liability to Employees for Its Own Conduct
§ 4.03. Employer's Liability to Employees for Acts of Employees or Agents
§ 4.04. Employer's Duty to Exercise Care in Selecting, Retaining, and Supervising Employees
or Agents
§ 4.05. Employer's Duty to Provide Safe Conditions and to Warn of Risk
§ 4.06. Employer's Liability for Intentional Torts Committed Against Employees
Chapter 5. The Tort of Wrongful Discharge in Violation of Public Policy
§ 5.01. Wrongful Discharge in Violation of Public Policy
§ 5.02. Wrongful Discharge in Violation of Public Policy: Protected Activities
§ 5.03. Wrongful Discharge in Violation of Public Policy: Sources of Public Policy
Chapter 6. Defamation, Wrongful Interference, and Misrepresentation
Introductory Note
§ 6.01. Employer's Liability to Employee for Defamation
§ 6.02. Employer Qualified Privilege to Publish Statements Concerning an Employee
or Former Employee
§ 6.03. Employer's Wrongful Interference with an Employee's Employment
or Prospective Employment with Another Employer
§ 6.04. Employer Does Not Wrongfully Interfere with Its Own Employment Relationship
§ 6.05. Employer's Fraudulent Misrepresentation Inducing the Initiation,
Maintenance, or Cessation of an Employment Relationship
§ 6.06. Employer's Negligent Provision of False Information to Employees
Chapter 7. Employee Privacy and Autonomy
Introductory Note
Part 1. Protection of Employee Privacy
§ 7.01. Employee Right of Privacy
§ 7.02. Protected Employee Privacy Interests
§ 7.03. Protected Employee Privacy Interests in the Employee's Physical Person
and in Physical and Electronic Locations
§ 7.04. Protected Employee Privacy Interest in Information of a Personal Nature
§ 7.05. Protected Employee Privacy Interest Against Employer Disclosure
of Employee Personal Information
§ 7.06. Wrongful Employer Intrusions
§ 7.07. Discharge in Retaliation for Refusing Privacy Invasion
Part 2. Protection of Employee Personal Autonomy
§ 7.08. Intrusions upon Employee Personal Autonomy Interests
Chapter 8. Employee Obligations and Restrictive Covenants
§ 8.01. Employee Duty of Loyalty to the Employer
§ 8.02. Definition of Employer's Trade Secret
§ 8.03. Disclosure or Use by Employee or Former Employee of Employer's Trade Secrets
§ 8.04. Competition by Current Employee with Current Employer
§ 8.05. Competition by Former Employee with Former Employer
§ 8.06. Enforcement of Restrictive Covenants in Employment Agreements
§ 8.07. Protectable Interests for Restrictive Covenants
§ 8.08. Modification of Unreasonable Restrictive Covenant
§ 8.09. Rights of Employee to Inventions
§ 8.10. Employer Shop Right to Employee Inventions
§ 8.11. Employee Agreements to Assign Patents
Chapter 9. Remedies
Introductory Note
Part 1. Claims Against Employers
A. Contract
§ 9.01. Damages—Employer Termination in Breach of an Agreement for a Definite
or Indefinite Term of Employment or of a Binding Employer
Promise Limiting Termination of Employment
§ 9.02. Damages—Employer Termination in Breach of a Binding Policy Statement
Limiting Termination of Employment
§ 9.03. Damages—Employer Breach Other Than Termination of Employment
§ 9.04. Injunctive Relief—Employer Breach
B. Tort
§ 9.05. Damages—Employer Breach of Tort-Based Duty
§ 9.06. Injunctive Relief—Employer Breach of Tort-Based Duty
Part 2. Claims Against Employees
§ 9.07. Damages—Employee Breach of Agreement
§ 9.08. Injunctive Relief—Employee Breach of Agreement
§ 9.09. Damages and Restitution—Employee Breach of Tort-Based Duty or Fiduciary Duty
§ 9.10. Injunctive Relief—Employee Breach of Tort-Based Duty or Fiduciary Duty
ISBN - 978-0-314-64251-6