Dedicated to Clarifying and Improving the Law
Current Projects
Restatement Third, Employment Law
Project participants click here to access materials.
To join the MCG for this project click here
Purpose:
This project aims to clarify the common law of employment. Although federal and state statutes regulate the employment relationship, major aspects continue to be governed by law developed by state appellate courts, and doctrine has changed significantly in recent decades.
Status:
The Council approved the start of the project in 2000.
The first Tentative Draft, covering the existence of an employment relationship, contractual law dealing with the termination of the employment relationship, and the tort of wrongful retaliation in violation of public policy, was submitted to the membership at the 2008 Annual Meeting; however, due to lack of time, no final vote was taken on the draft. A revised Tentative Draft was approved at the 2009 Annual Meeting, subject to the discussion at the meeting and to editorial prerogative.
In October 2009 the Council approved Sections 8.01 through 8.08 of Chapter 8, dealing with the employee’s duty of loyalty. There was insufficient time to discuss the Chapter’s last three sections. Sections 8.01-8.04 and 8.06-8.08 were approved at the 2010 Annual Meeting, subject to the discussion at the meeting and to editorial prerogative. There was insufficient time to discuss Sections 8.05 and 8.09-8.11.
This project is likely to last several more years before completion.
Drafts:
Project participants can access electronic drafts using the link at the top of this page. Products available for purchase can be viewed using the link below.
View the available products related to this project
Upcoming meetings
Advisers Meetings
- Date: 09/12/2010
- Location: Philadelphia, PA
- Click here to go to the meeting page.
MCG Meetings
- Date: 09/11/2010
- Location: Philadelphia, PA
- Click here to go to the meeting page.