Employment Relationships Law and Practice 1999 Supplement Book

• THE EMPLOYMENT RELATIONSHIP

• The Employer-Employee Relationship
• The Independent Contractor Relationship
• Partnership Distinguished
• The Employment Relationship Under State Statutory Schemes
• Taxation and the Employment Relationship

• THE EMPLOYMENT-AT-WILL DOCTRINE AND ITS EXCEPTIONS

• The At-Will Doctrine
• Contract Exceptions to At-Will Employment
• Tort Exceptions to At-Will Employment
• Special Issues in Public Employment
• The Model Employment Termination Act

• EMPLOYMENT CONTRACTS

• The Employment Contract
• Common Clauses in Employment Contracts
• Oral Agreements for Employment
• Employee Handbooks and Manuals
• Remedies for Breach of Contract

• FEDERAL STATUTES PROTECTING EMPLOYEES AND GOVERNING WORKPLACE ACTIVITY

• Introduction: The Statutory Arsenal
• Federal Antidiscrimination Statutes: Prohibitions and Scope
• Administrative Procedures and Relief
• Litigation
• Federal Statutes Regulating Safety, Pay, Hours, and Conditions
• Other Federal Statutory Protections

• SEXUAL HARASSMENT

• Hostile Environment Sexual Harassment
• Quid Pro Quo Sexual Harassment
• Liability for Sexual Harassment
• Some Frontiers of Sexual Harassment Law

• REMEDIES IN EMPLOYMENT DISCRIMINATION LITIGATION

• Injunctive and Declaratory Relief
• Remedies for Past Discrimination
• Prospective Relief
• Attorneys’ Fees and Costs
• Tax Consequences
• Special Problems

• EMPLOYER/EMPLOYEE RIGHTS AT EXPIRATION OF THE RELATIONSHIP

• Severance Pay
• Severance Pay When a Company or Part of a Company Is Sold
• Rights of Employees Against Successor Corporations
• Golden Parachutes
• The Worker Adjustment and Retraining Notification Act (WARN)
• COBRA
• Releases
• Employers' Liability When Information Is Left Out of a Reference

• COMMON LAW CAUSES OF ACTION

• Defamation and Privilege
• Breach of the Covenant of Good Faith and Fair Dealing
• Fraudulent Inducement
• Intentional Infliction of Emotional Distress
• Negligent Hiring and Retention

• EMPLOYEES' FIDUCIARY DUTIES

• Fiduciary Duties Defined
• Fiduciary Duties of Employees
• The Special Duties of Corporate Officers and Directors
• Actions for Breach of Fiduciary Duties
• Remedies for Breach of Fiduciary Duties
• Defenses for Breach of Fiduciary Duties
• Third-Party Liability for Employee's Breach of Duty

• WRONGFUL COMPETITION

• Causes of Action for Wrongful Competition
• Interference with an Existing Employment Contract
• Interference with a Prospective Contractual Relationship or Prospective Economic Advantage
• Misappropriation of Trade Secrets

• RESTRICTIVE COVENANTS

• Scope
• State Statutory Provisions Concerning Noncompetition Covenants
• Requirements of a Valid and Enforceable Restrictive Covenant
• Alternatives to a Complete Prohibition on Competition
• Special Rules Concerning Professionals
• Remedies

• EMPLOYEE PRIVACY INTERESTS

• Sources and Analyses of Employee Privacy Rights
• Public vs. Private Sector Employment
• Character, Conduct, and Abilities
• Surveillance, Searches, and Investigations
• Health and Body

• ALTERNATIVE DISPUTE RESOLUTION (ADR)