Restatement of the Law, Employment Law

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