Recent Labor Law Decisions of the Supreme Court

This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.\u27 Although the Court worked no major changes,2 it has been tinkering and tailoring, 3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions

Wrongful Discharge: Litigation or Arbitration

Throughout the country, courts are scrambling to fill the void left by the rapid disappearance of the employment-at-will doctrine. As recently as twenty years ago, most courts accepted without question the adage that employers were free to terminate employees for a good reason, a bad reason, or no reason at alL1 If motivated to explain this rule, the most frequent defense was that employees enjoyed comparable freedom. They, too, could abandon the relationship for whatever reason they desired

Negligent Retention and Arbitration: The Effect of a Developing Tort on Traditional Labor Law

As negligent retention theories continue to grow, courts will inevitably address these questions. This article will offer a brief introduction to the tort of negligent retention and related doctrines and will discuss how courts will accommodate them within traditional labor law principles. Despite my impulsive reaction that negligent retention poses a threat to arbitration, I conclude that, for the most part, negligent retention and labor arbitration can coexist peacefully