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

See all articles by Rachel S. Arnow-Richman

Rachel S. Arnow-Richman

University of Florida Levin College of Law

Date Written: April 29, 2009

Abstract

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

Suggested Citation

Arnow-Richman, Rachel S., Response to Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Putting the Restatement in its Place (April 29, 2009). Employee Rights and Employment Policy Journal, Vol. 13, No. 1, 2009, Available at SSRN: https://ssrn.com/abstract=1396724

Rachel S. Arnow-Richman (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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