An Empirical Assessment of the Contract Based Exception
to the Employment-At-Will Rule

28 Employee Responsibilities and Rights Journal 63 (2016)

University of Missouri School of Law Legal Studies Research Paper No. 2016-13

17 Pages Posted: 23 Jun 2016  

Rafael Gely

University of Missouri School of Law

Robin Cheramie

Kennesaw State University

Timothy Chandler

Louisiana State University, Baton Rouge - E.J. Ourso College of Business Administration

Abstract

While extensive, the existing literature on the employment-at-will doctrine and its various exceptions has been remarkably uniform. By relying on a discussion of selected court opinions on specific aspects of the doctrine, scholars have focused primarily on normative issues such as what the courts should do when deciding job security disputes, or what plaintiffs/employees and defendants/employers should argue when litigating employment disputes. Our approach and focus are different. Instead of relying on a discussion of selected cases, we rely on a more comprehensive sample of cases. Instead of focusing on normative issues, our goal is to provide a more complete picture of the state of the at-will doctrine as reflected in those cases. Our data should be of interest to legal scholars interested in understanding the characteristics and outcomes of litigated employment-at-will cases. Our data should also be relevant to the current debate among management scholars regarding conflicts that might arise due to aggressive recruitment practices which highlight long term employment opportunities and the realities associated with at-will employment.

Keywords: employment, breach, at-will, recruitment, wrongful termination, termination

Suggested Citation

Gely, Rafael and Cheramie, Robin and Chandler, Timothy, An Empirical Assessment of the Contract Based Exception to the Employment-At-Will Rule. 28 Employee Responsibilities and Rights Journal 63 (2016); University of Missouri School of Law Legal Studies Research Paper No. 2016-13. Available at SSRN: https://ssrn.com/abstract=2799765

Rafael Gely (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States

Robin Cheramie

Kennesaw State University ( email )

1000 Chastain Road
Kennesaw, GA 30144
United States

Timothy Chandler

Louisiana State University, Baton Rouge - E.J. Ourso College of Business Administration ( email )

Department of Management
Baton Rouge, LA 70803-6308
United States
225.578.6113 (Phone)

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