Response to Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Putting the Restatement in its Place
16 Pages Posted: 29 Apr 2009 Last revised: 4 Dec 2014
Date Written: April 29, 2009
Like most of the contributors to this symposium, I come to bury the Restatement, not to praise it. A fair reading of the ALI’s proposed Chapter 2, on termination and employment at will, reveals a document deeply, if not irretrievably, flawed in both its conception and execution. Principal among my complaints is that the draft neither presents an integrated approach to contractual terms of employment, nor takes a position on the appropriateness of contract as a vehicle for creating employment terms. Thus, in the most benign terms, the draft repackages the common law, adding nothing of value in the process.
Keywords: Restatement of Employment Law, employment at will, contract, contractual terms of employment, employment terms
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