'Just When I Thought I Was Out . . . .': Post-Employment Repayment Obligations

25 Washington & Lee Journal of Civil Rights & Social Justice 51 (2018)

48 Pages Posted: 24 Apr 2019

See all articles by Stuart Lichten

Stuart Lichten

affiliation not provided to SSRN

Eric M. Fink

Elon University School of Law

Date Written: 2018

Abstract

The common law doctrine of “employment at will” has dominated US employment law for over a century. Pursuant to this concept, an employer may discharge an employee at any time for any reason, or for no reason at all. An employee may similarly resign at any time for any reason, or for no reason at all. Despite the rule’s facial even-handedness, it operates against the background of “the deeply rooted conception of the employment relation as a dominant-servient relation rather than one of mutual rights and obligations.” Within that relationship,“the employer [has] the right to impose any requirement on the employee, give any order and insist on obedience,[and] change any term of employment,” backed by the ultimate right to “discard the employee at any time.” Not content with the domination they already enjoy under this arrangement, employers have sought to enhance their control by placing restrictions and conditions on the very element that makes at-will employment mutually beneficial and protects workers from employer coercion: The right to quit.

Keywords: employment, labor markets, employment at will

JEL Classification: J41, J42

Suggested Citation

Lichten, Stuart and Fink, Eric M., 'Just When I Thought I Was Out . . . .': Post-Employment Repayment Obligations (2018). 25 Washington & Lee Journal of Civil Rights & Social Justice 51 (2018), Available at SSRN: https://ssrn.com/abstract=3359847

Stuart Lichten

affiliation not provided to SSRN

Eric M. Fink (Contact Author)

Elon University School of Law ( email )

201 N. Greene Street
Greensboro, NC 27401
United States
336-279-9334 (Phone)

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