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Book Categories |
Preface | ||
Acknowledgments | ||
1 | Introduction | 1 |
2 | Employers and Workers at Common Law | 9 |
I | Review of the Common Law At-Will Rule | 10 |
A | Judicial Limitations | 11 |
B | Judicial Limitations: Lifestyle and Off-Duty Conduct Cases | 25 |
II | Summary: How Far Can Private Sector Employers Extend Their Jurisdiction Over Employees at Common Law? | 51 |
3 | Statutory Restrictions | 55 |
I | Federal Statues | 56 |
A | Title VII of the Civil Rights Act of 1964, as Amended | 56 |
B | Civil Rights Acts of 1870 and 1871 | 85 |
C | Vocational Rehabilitation Act of 1973 | 86 |
D | Americans With Disabilities Act | 98 |
E | Section 510 of the Employee Retirement Income Security Act | 101 |
II | State Statues | 105 |
A | Laws Aimed at Preserving an Employee's Privacy-Type Rights | 106 |
B | Laws Protecting Sexual Orientation | 106 |
C | Laws Prohibiting Discrimination Based Upon Marital Status | 109 |
D | Laws Prohibiting Discrimination Based Upon Handicap | 111 |
E | Laws Prohibiting Discrimination Based Upon Political Affiliation | 114 |
4 | Constitutional Standards | 117 |
I | Property Interests | 119 |
II | Liberty Interests | 121 |
III | What Process Is Due? | 122 |
IV | Deprivation of Protected Interests | 125 |
A | Political Association | 125 |
B | Privacy | 130 |
C | Association and Speech | 136 |
D | Morality Standards | 146 |
V | Off-Duty Misconduct and Unreasonable Searches and Seizures | 147 |
VI | Synthesis: Cases Involving Off-Duty Conduct, Lifestyle, and Existing Constitutional Restraints | 164 |
5 | Arbitral Standards Under "Just Cause" Provisions in Collective Bargaining Agreements | 167 |
I | Just Cause Criteria | 171 |
A | Injury to Employer's Business | 171 |
B | Inability to Report for Work | 183 |
C | Unsuitability for Continued Employment | 186 |
D | Objectionability or Danger to Other Employees | 192 |
II | Application to Public Sector | 197 |
III | Employer Actions Prior to Trial | 207 |
IV | Guilty and Nolo Pleas Versus Convictions After Trial | 212 |
V | Expungement of Criminal Records | 215 |
VI | Probation and Work Release Programs | 216 |
VII | Employee Loyalty | 219 |
A | Competing With the Company | 220 |
B | Conflicts of Interest | 226 |
C | Denigrating the Employer | 228 |
D | Factors Considered by Arbitrators in Disloyalty Cases: A Synthesis | 235 |
VIII | Off-Duty Considerations and Drug Tests: Discharge and Discipline for Employees Having Drugs "In Their System" | 236 |
IX | Falsification of Employment Applications: Withholding Off-Duty or Lifestyle Information | 240 |
X | Vicarious Liability and Spousal Relationships | 248 |
XI | Summary | 248 |
6 | Conclusion | 255 |
Court Case Table | 265 | |
Index | 269 |
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