Modern Employment Law: In Time and Place

This casebook emphasizes the power imbalance in the employment relationship and explains current law by highlighting its history and contingency over time and place. It covers all topics in major casebooks, including Employment At-Will, handbooks, public policy exceptions, the covenant of good faith, abusive discharge, and privacy. It also examines the legal theories of how repeat players influence legal change, slippery slope, binary thinking, and mandating minimums. The book is unique in organizing the common law origins of each legal rule, explaining how current law came into effect, and referencing recent trends taking place in the past two years.

Format: Hardback
Length: 547 pages
Publication date: 30 October 2022
Publisher: West Academic Publishing

This casebook stands out in two distinct ways:
1. It focuses on the power imbalance in the employment relationship rather than solely on contracts.
2. It provides a comprehensive explanation of current law by highlighting its historical development and contextual variations across time and places.

The casebook covers all the essential topics typically found in major casebooks, but with a unique perspective that emphasizes the right to work as a fundamental civil liberty that has evolved over time.

Employment at-will is, of course, a central theme. The book delves into the various state variations related to handbooks, public policy exceptions, the covenant of good faith, abusive discharge, and privacy. It addresses these topics systematically, reinforcing students' existing knowledge of contract and tort law.

However, employment is often viewed as a unique relationship, distinct from other contractual arrangements. The book explores the legal theories that explain how repeated players influence legal change, slippery slope arguments, binary thinking, and the mandating of minimum standards. It examines how these theories shape the legal framework governing employment relationships.

One of the book's distinguishing features is its organization of the common law origins of each legal rule. It explains how current law came into being, tracing the historical developments that led to its establishment. By presenting this history, the book demonstrates the contingency of many legal rules rather than their inherent inevitability. Law is not a static entity but rather a dynamic product of past experiences and customs.

The casebook takes a historical approach to understanding the contingency of the present and charting a future legal framework. By exploring the past, it enables us to gain insights into the factors that have shaped employment law and to anticipate potential changes in the future. This historical perspective is particularly relevant in the context of the ongoing pandemic, which has brought about significant disruptions to employment practices.

Just as historical events such as Reconstruction, industrialization, railroads, and the New Deal have profoundly impacted work law in the past, the pandemic has once again demonstrated the dynamic nature of employment laws. The book references recent trends and developments that reflect the evolving legal landscape, including the increasing importance of remote work, the rise of gig economy platforms, and the challenges faced by workers in the digital age.

In conclusion, this casebook offers a unique and comprehensive perspective on employment law. By focusing on the power imbalance in the employment relationship, highlighting the historical development of current law, and examining the legal theories that shape it, the book provides students with a deeper understanding of the field. Its systematic approach to reinforcing students' knowledge of contract and tort law is complemented by its exploration of the historical roots, the contingency of legal rules, and the ongoing challenges faced by workers in the digital age. As such, it is an invaluable resource for anyone interested in studying employment law.

Weight: 506g
Dimension: 254 x 186 (mm)
ISBN-13: 9781647084622