Employment Law

Restatement of the Law,

The result of nearly a decade of work by eminent scholars, judges, and practicing lawyers, this new volume clarifies employment law today.

This publication provides concise and clear rules and analysis on issues specific to the employment relationship, including contracts, termination, compensation, benefits, tort liability, wrongful discharge in violation of public policy, defamation, wrongful interference, misrepresentation, autonomy, privacy, employee obligations, restrictive covenants, and remedies.

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Official Text
550 pages, 2015, #1RELOT
This single volume constitutes a comprehensive treatment of employment law, addressing various aspects of the employment relationship. It is the Institute’s first publication focusing on this area of law.
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Summary of Contents
FOREWORD
Chapter 1. Existence of Employment Relationship
Introductory Note
§ 1.01. Conditions for Existence of Employment Relationship
§ 1.02. Volunteers Are Not Employees
§ 1.03. Controlling Owners Are Not Employees
§ 1.04. Employees of Two or More Employers

Chapter 2. Employment Contracts: Termination
Introductory Note
§ 2.01. Default Rule of an At-Will Employment Relationship
§ 2.02. Agreements and Binding Employer Promises or Statements Providing for Terms Other
           Than At-Will Employment
§ 2.03. Agreements for a Definite or Indefinite Term
§ 2.04. Cause for Termination of Employment Agreements
§ 2.05. Binding Employer Policy Statements
§ 2.06. Modification or Revocation of Binding Employer Policy Statements
§ 2.07. Implied Duty of Good Faith and Fair Dealing

Chapter 3. Employment Contracts: Compensation and Benefits
Introductory Note
§ 3.01. Right to Earned Compensation
§ 3.02. Bonuses and Other Incentive Compensation
§ 3.03. Benefits
§ 3.04. Modification of Compensation or Benefits
§ 3.05. Implied Duty of Good Faith and Fair Dealing

Chapter 4. Principles of Employer Liability for Tortious Harm to Employees
Introductory Note
§ 4.01. Scope of Employer's Liability to Employees Generally
§ 4.02. Employer's Direct Liability to Employees for Its Own Conduct
§ 4.03. Employer's Liability to Employees for Acts of Employees or Agents
§ 4.04. Employer's Duty to Exercise Care in Selecting, Retaining, and Supervising Employees
           or Agents
§ 4.05. Employer's Duty to Provide Safe Conditions and to Warn of Risk
§ 4.06. Employer's Liability for Intentional Torts Committed Against Employees

Chapter 5. The Tort of Wrongful Discharge in Violation of Public Policy
§ 5.01. Wrongful Discharge in Violation of Public Policy
§ 5.02. Wrongful Discharge in Violation of Public Policy: Protected Activities
§ 5.03. Wrongful Discharge in Violation of Public Policy: Sources of Public Policy

Chapter 6. Defamation, Wrongful Interference, and Misrepresentation
Introductory Note
§ 6.01. Employer's Liability to Employee for Defamation
§ 6.02. Employer Qualified Privilege to Publish Statements Concerning an Employee
           or Former Employee
§ 6.03. Employer's Wrongful Interference with an Employee's Employment
          or Prospective Employment with Another Employer
§ 6.04. Employer Does Not Wrongfully Interfere with Its Own Employment Relationship
§ 6.05. Employer's Fraudulent Misrepresentation Inducing the Initiation,
            Maintenance, or Cessation of an Employment Relationship
§ 6.06. Employer's Negligent Provision of False Information to Employees

Chapter 7. Employee Privacy and Autonomy
Introductory Note
Part 1. Protection of Employee Privacy
§ 7.01. Employee Right of Privacy
§ 7.02. Protected Employee Privacy Interests
§ 7.03. Protected Employee Privacy Interests in the Employee's Physical Person
             and in Physical and Electronic Locations
§ 7.04. Protected Employee Privacy Interest in Information of a Personal Nature
§ 7.05. Protected Employee Privacy Interest Against Employer Disclosure
            of Employee Personal Information
§ 7.06. Wrongful Employer Intrusions
§ 7.07. Discharge in Retaliation for Refusing Privacy Invasion
Part 2. Protection of Employee Personal Autonomy
§ 7.08. Intrusions upon Employee Personal Autonomy Interests

Chapter 8. Employee Obligations and Restrictive Covenants
§ 8.01. Employee Duty of Loyalty to the Employer
§ 8.02. Definition of Employer's Trade Secret
§ 8.03. Disclosure or Use by Employee or Former Employee of Employer's Trade Secrets
§ 8.04. Competition by Current Employee with Current Employer
§ 8.05. Competition by Former Employee with Former Employer
§ 8.06. Enforcement of Restrictive Covenants in Employment Agreements
§ 8.07. Protectable Interests for Restrictive Covenants
§ 8.08. Modification of Unreasonable Restrictive Covenant
§ 8.09. Rights of Employee to Inventions
§ 8.10. Employer Shop Right to Employee Inventions
§ 8.11. Employee Agreements to Assign Patents

Chapter 9. Remedies
Introductory Note
Part 1. Claims Against Employers
      A. Contract
§ 9.01. Damages—Employer Termination in Breach of an Agreement for a Definite
           or Indefinite Term of Employment or of a Binding Employer
            Promise Limiting Termination of Employment
§ 9.02. Damages—Employer Termination in Breach of a Binding Policy Statement
           Limiting Termination of Employment
§ 9.03. Damages—Employer Breach Other Than Termination of Employment
§ 9.04. Injunctive Relief—Employer Breach
       B. Tort
§ 9.05. Damages—Employer Breach of Tort-Based Duty
§ 9.06. Injunctive Relief—Employer Breach of Tort-Based Duty
Part 2. Claims Against Employees
§ 9.07. Damages—Employee Breach of Agreement
§ 9.08. Injunctive Relief—Employee Breach of Agreement
§ 9.09. Damages and Restitution—Employee Breach of Tort-Based Duty or Fiduciary Duty
§ 9.10. Injunctive Relief—Employee Breach of Tort-Based Duty or Fiduciary Duty

FGM - 41704482
ISBN - 978-0-314-64251-6

The Restatement will be supplemented by an Annual Pocket Part.