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    Litigators in America (2005)


books & articles

Employment Termination: Rights & Remedies

This book was recently superseded in the BNA line of legal treatises by a new title from the ABA Section of Labor & Employment Law, which is a state-by-state guide to the “law of employment at will.” It has been put together by the Committee on Employee Rights and Responsibilities, which produced the 2003 supplement to our second edition. I have been a member of that fine committee from its start back in 1981.

The original volume was co-authored with my mentor, Bill Holloway. When we entered labor & employment law, we looked for a good treatise on the topic. A trip to the library disclosed that the most recent attempt to deal with common law governing the employment relationship was the 1913 edition of LaBatt’s Master and Servant. We sent off an outline based on materials we had collected on Illinois law for our own use to BNA and found interest. We worked for many years with the excellent BNA editor and friend, Tim Darby. As we worked our way through the subject, we kept finding new topics to include. Originally published in 1985, with a second edition in 1993, the work chronicled the development of legal remedies for fired employees and contained countless citations to cases and statutes from all fifty states.

Many libraries still carry the book, and it may be helpful as a starting point for research into the state law principles governing the employment relationship and cases resulting from it. Unlike the new publication from the ABA committee, our work sought to synthesize the cases from around the country.