ABSTRACT
Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars, skeptical of employees’ ability to bargain, tend to disregard contract law and advocate for just-cause and other legislative reform. And contracts scholars largely ignore employment cases – viewing them, with some justification, as part of a peculiar, specialized body of law wholly divorced from general contract jurisprudence. As a result of this undesirable employment law exceptionalism, courts lack the tools they need to resolve recurring, real-world disputes.
This article offers a new, comprehensive historical account that exposes the formalistic and anti-contractual origins of existing doctrine and shows how to repair the harm …
Arnow-Richman, Rachel S and Verkerke, JH, Deconstructing Employment Contract Law, (2022) 75 Florida Law Review (forthcoming 2023); Virginia Public Law and Legal Theory Research Paper No 2022-73; Virginia Law and Economics Research Paper No 2022-26; University of Florida Levin College of Law Research Paper 22-32.
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