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Restatement of the Law,

Employment Law

The result of nearly a decade of work by eminent scholars, judges, and practicing lawyers, this new volume clarifies employment law today.

This publication provides concise and clear rules and analysis on issues specific to the employment relationship, including contracts, termination, compensation, benefits, tort liability, wrongful discharge in violation of public policy, defamation, wrongful interference, misrepresentation, autonomy, privacy, employee obligations, restrictive covenants, and remedies.

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    Official Text
    550 pages, 2015, #1RELOT

    This single volume constitutes a comprehensive treatment of employment law, addressing various aspects of the employment relationship. It is the Institute’s first publication focusing on this area of law. 

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      Reporting cases through June 2016 that cite the Restatement of the Law, Employment Law. This Pocket Part contains all citations to the Restatement of the Law, Employment Law (2015). For subsequent citations, see also the Interim Case Citations to the Restatements and the Principles of the Law pamphlets designated for use with the 2017 Pocket Parts and Supplements.

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  •  
    Proposed Final Draft
    Proposed Final Draft
    596 pages, 2014, #1R3ELPFD

    Employment Law, Proposed Final Draft

    Softbound  | 1R3ELPFD  | 2014  | 596 pages  | $65.00 

    Foreword
    Reporters’ Memorandum

    CHAPTER 1
    EXISTENCE OF EMPLOYMENT RELATIONSHIP

    Introductory Note
    § 1.01. General Conditions for Existence of Employment Relationship
    § 1.02. Volunteers
    § 1.03. Controlling Owners 
    § 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. Principles of Employer’s Liability to Employees Generally
    § 4.02. Employer’s Direct Liability to Employees for Acts of Employer
    § 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 and Other 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 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 
    TOPIC 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
    TOPIC 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
    § 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 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 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 Duty
    PART 2. CLAIMS AGAINST EMPLOYEES
    § 9.07. Damages – Employee Breach of Agreement
    § 9.08. Injunctive Relief – Employee Breach of Agreement
    § 9.09. Damages – Employee Breach of Tort-Based Duty or Fiduciary Duty
    § 9.10. Injunctive Relief – Employee Breach of Tort-Based Duty

    Appendix. Black Letter of Proposed Final Draft  
     

    This draft contains all sections of this project and was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    596 pages, 2014, #1R3ELPFDE

    Employment Law, Proposed Final Draft

    Softbound  | 1R3ELPFD  | 2014  | 596 pages  | $65.00 

    Foreword
    Reporters’ Memorandum

    CHAPTER 1
    EXISTENCE OF EMPLOYMENT RELATIONSHIP

    Introductory Note
    § 1.01. General Conditions for Existence of Employment Relationship
    § 1.02. Volunteers
    § 1.03. Controlling Owners 
    § 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. Principles of Employer’s Liability to Employees Generally
    § 4.02. Employer’s Direct Liability to Employees for Acts of Employer
    § 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 and Other 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 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 
    TOPIC 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
    TOPIC 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
    § 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 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 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 Duty
    PART 2. CLAIMS AGAINST EMPLOYEES
    § 9.07. Damages – Employee Breach of Agreement
    § 9.08. Injunctive Relief – Employee Breach of Agreement
    § 9.09. Damages – Employee Breach of Tort-Based Duty or Fiduciary Duty
    § 9.10. Injunctive Relief – Employee Breach of Tort-Based Duty

    Appendix. Black Letter of Proposed Final Draft  
     

    This draft contains all sections of this project and was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Tentative Draft No. 6
    Tentative Draft No. 6
    142 pages, 2013, #1R3ELTD6

    Restatement Third, Employment Law, Tentative Draft No. 6

    Softbound  | 1R3ELTD6  | 2013  | 142 pages  | $30.00  

    Foreword
    Reporters’ Memorandum
    Overall Table of Contents

    CHAPTER 4 - PRINCIPLES OF EMPLOYER LIABILITY FOR HARM TO EMPLOYEES
    Introductory Note
    § 4.01. Principles of Employer’s Liability to Employees Generally
    § 4.02. Employer’s Direct Liability to Employees for Acts of Employer
    § 4.03. Employer’s Liability to Employees for Acts of Agents 
    § 4.04. Employer’s Duty to Exercise Care in Selecting, Retaining, and Supervising  Employees and Other 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 7 - EMPLOYEE PRIVACY AND AUTONOMY
    Introductory Note
    § 7.08. Intrusions Upon Employee Personal Autonomy Interests

    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 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 Duty
    PART 2. CLAIMS AGAINST EMPLOYEES
    § 9.07. Damages – Employee Breach of Agreement
    § 9.08. Injunctive Relief – Employee Breach of Agreement
    § 9.09. Damages – Employee Breach of Tort-Based Duty or a Fiduciary Duty
    § 9.10. Injunctive Relief – Employee Breach of Tort-Based Duty

    Appendix. Black Letter of Tentative Draft No. 6 

    This draft covers Chapter 4, Principles of Employer Liability for Harm to Employees; Chapter 7, Employee Privacy and Autonomy (§ 7.08); and Chapter 9, Remedies. The draft was approved by the membership at the 2013 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    142 pages, 2013, #1R3ELTD6E

    Restatement Third, Employment Law, Tentative Draft No. 6

    Softbound  | 1R3ELTD6  | 2013  | 142 pages  | $30.00  

    Foreword
    Reporters’ Memorandum
    Overall Table of Contents

    CHAPTER 4 - PRINCIPLES OF EMPLOYER LIABILITY FOR HARM TO EMPLOYEES
    Introductory Note
    § 4.01. Principles of Employer’s Liability to Employees Generally
    § 4.02. Employer’s Direct Liability to Employees for Acts of Employer
    § 4.03. Employer’s Liability to Employees for Acts of Agents 
    § 4.04. Employer’s Duty to Exercise Care in Selecting, Retaining, and Supervising  Employees and Other 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 7 - EMPLOYEE PRIVACY AND AUTONOMY
    Introductory Note
    § 7.08. Intrusions Upon Employee Personal Autonomy Interests

    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 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 Duty
    PART 2. CLAIMS AGAINST EMPLOYEES
    § 9.07. Damages – Employee Breach of Agreement
    § 9.08. Injunctive Relief – Employee Breach of Agreement
    § 9.09. Damages – Employee Breach of Tort-Based Duty or a Fiduciary Duty
    § 9.10. Injunctive Relief – Employee Breach of Tort-Based Duty

    Appendix. Black Letter of Tentative Draft No. 6 

    This draft covers Chapter 4, Principles of Employer Liability for Harm to Employees; Chapter 7, Employee Privacy and Autonomy (§ 7.08); and Chapter 9, Remedies. The draft was approved by the membership at the 2013 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Tentative Draft No. 5
    Tentative Draft No. 5
    90 pages, 2012, #1R3ELTD5

    Restatement Third, Employment Law, Tentative Draft No. 5

    Softbound  | 1R3ELTD5  | 2012  | 90 pages  | $25.00 

    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 7 - EMPLOYEE PRIVACY AND AUTONOMY

    Introductory Note 

    TOPIC 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. Liability for Adverse Actions in Retaliation 

    Appendix. Black Letter of Tentative Draft No. 5  

    This draft covers Chapter 3, Employment Contracts: Compensation and Benefits and Chapter 7, Workplace Privacy and Autonomy (§§ 7.01-7.07). The draft was approved by the membership at the 2012 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. 

    90 pages, 2012, #1R3ELTD5E

    Restatement Third, Employment Law, Tentative Draft No. 5

    Softbound  | 1R3ELTD5  | 2012  | 90 pages  | $25.00 

    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 7 - EMPLOYEE PRIVACY AND AUTONOMY

    Introductory Note 

    TOPIC 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. Liability for Adverse Actions in Retaliation 

    Appendix. Black Letter of Tentative Draft No. 5  

    This draft covers Chapter 3, Employment Contracts: Compensation and Benefits and Chapter 7, Workplace Privacy and Autonomy (§§ 7.01-7.07). The draft was approved by the membership at the 2012 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. 

     
  •  
    Council Draft No. 7
    2012, #1R3ELCD7

    Restatement Third, Employment Law, Council Draft No. 7

    Softbound  | 1R3ELCD7  | 2012  | $0.00  

    Reporters’ Memorandum

    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 7 EMPLOYEE PRIVACY AND AUTONOMY
    Introductory Note

    TOPIC 1: PROTECTION OF EMPLOYEE PRIVACY
    § 7.01. Employee Right of Privacy
    § 7.02. Protected Employee Privacy Interests
    § 7.03. Employee Privacy Interests in Physical Person and 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. Liability for Adverse Actions in Retaliation

    TOPIC 2: PROTECTION OF EMPLOYEE PERSONAL AUTONOMY
    § 7.08. Employee Autonomy Interests
    § 7.09. Liability for Intrusions on Employee Autonomy

    Appendix. Black Letter of Council Draft No. 7 

    Chapter 3—Employment Contracts: Compensation and Benefits
    Chapter 7—Workplace Privacy and Autonomy (all but §§ 7.08-7.09)

    Chapters 3 and 7 (excluding §§ 7.08-7.09) were approved by the ALI Council in January 2012, subject to the discussion and to editorial prerogative. This material will be submitted for approval at the 2012 Annual Meeting.

    There was insufficient time to discuss §§ 7.08-7.09. These sections will be submitted to the Council in October 2012. 

     
  •  
    Tentative Draft No. 4 - revised
    77 pages, 2011, #1R3ELTD4ER

    Restatement Third, Employment Law, Tentative Draft No. 4 Revised

    Electronic  | 1R3ELTD4ER  | 2011  | 77 pages 

    CHAPTER 6
    Employer Torts Affecting the Relationship
    § 6.01 Employer’s Liability to Employee for Causing the Loss of Employment Opportunities Through Defamation
    § 6.02 Employer Privilege to Communicate with Its Own Agents and
    Other Employers
    § 6.03 Employer’s Wrongful Interference with an Employee’s
    Employment Relationship 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 6–Employer Torts Affecting the Relationship

    Chapter 6 includes the following employer torts: defamation, misrepresentation, negligent provision of false information, and interference with the employee’s opportunity to work in another job.

    This material was approved at the 2011 Annual Meeting, subject to the discussion and to editorial prerogative. This draft contains Chapter 6 as revised based on the discussion at that Meeting. This material may be cited.

    Chapter 8 was approved at the Annual Meeting but has not yet been revised and thus is not included in this revised draft.

     
  •  
    Tentative Draft No. 4
    Tentative Draft No. 4
    169 pages, 2011, #1R3ELTD4

    Restatement Third, Employment Law, Tentative Draft No. 4

    Softbound  | 1R3ELTD4  | 2011  | 169 pages  | $30.00  

    CHAPTER 6
    OTHER TORTS AFFECTING THE FORMATION, CONTINUATION, OR TERMINATION OF THE EMPLOYMENT RELATIONSHIP

    § 6.01 Employer’s Liability to Employee for Causing the Loss of Employment Opportunities Through Defamation 
    § 6.02 Employer Privilege to Communicate with Its Own Agents and
    Other Employers
    § 6.03 Employer’s Wrongful Interference with an Employee’s
    Employment Relationship 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 8
    EMPLOYEE OBLIGATIONS AND RESTRICTIVE COVENANTS

    § 8.01. Employee Duty of Loyalty 
    § 8.02. Definition of Employer’s Confidential Information 
    § 8.03. Disclosure or Use by Employee or Former Employee of Employer’s
    Confidential Information 
    § 8.04. Competition by Employee with Current Employer
    § 8.05. Competition by Former Employee with Former Employer 
    § 8.06. Enforcement of Restrictive Covenant in Employment Agreement 
    § 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 
    Appendix. Black Letter of Tentative Draft No. 4  

    Chapter 6–Employer Torts Affecting the Relationship 
    Chapter 8–Employee Duty of Loyalty and Restrictive Covenants

    This material was approved at the 2011 and 2010 Annual Meetings, subject to the discussion and to editorial prerogative. This material may be cited. 

    See Tentative Draft No. 4 Revised (above) for the most recent draft of Chapter 6, which was revised based on the discussion at the Annual Meeting.

    169 pages, 2011, #1R3ELTD4E

    Restatement Third, Employment Law, Tentative Draft No. 4

    Softbound  | 1R3ELTD4  | 2011  | 169 pages  | $30.00  

    CHAPTER 6
    OTHER TORTS AFFECTING THE FORMATION, CONTINUATION, OR TERMINATION OF THE EMPLOYMENT RELATIONSHIP

    § 6.01 Employer’s Liability to Employee for Causing the Loss of Employment Opportunities Through Defamation 
    § 6.02 Employer Privilege to Communicate with Its Own Agents and
    Other Employers
    § 6.03 Employer’s Wrongful Interference with an Employee’s
    Employment Relationship 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 8
    EMPLOYEE OBLIGATIONS AND RESTRICTIVE COVENANTS

    § 8.01. Employee Duty of Loyalty 
    § 8.02. Definition of Employer’s Confidential Information 
    § 8.03. Disclosure or Use by Employee or Former Employee of Employer’s
    Confidential Information 
    § 8.04. Competition by Employee with Current Employer
    § 8.05. Competition by Former Employee with Former Employer 
    § 8.06. Enforcement of Restrictive Covenant in Employment Agreement 
    § 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 
    Appendix. Black Letter of Tentative Draft No. 4  

    Chapter 6–Employer Torts Affecting the Relationship 
    Chapter 8–Employee Duty of Loyalty and Restrictive Covenants

    This material was approved at the 2011 and 2010 Annual Meetings, subject to the discussion and to editorial prerogative. This material may be cited. 

    See Tentative Draft No. 4 Revised (above) for the most recent draft of Chapter 6, which was revised based on the discussion at the Annual Meeting.

     
  •  
    Tentative Draft No. 3
    1R3ELTD3E
    100 pages, 2010, #1R3ELTD3

    Restatement Third, Employment Law, Tentative Draft No. 3

    Softbound  | 1R3ELTD3  | 2010  | 100 pages  | $25.00 

    CHAPTER 8

    EMPLOYEE DUTY OF LOYALTY AND RESTRICTIVE COVENANTS

    § 8.01. Employee Duty of Loyalty - 1
    § 8.02. Definition of Employer’s Confidential Information - 6
    § 8.03. Disclosure or Use by Employee or Former Employee of Employer’s
                 Confidential Information  - 24
    § 8.04. Competition by Employee with Current Employer  - 26
    § 8.05. Competition by Former Employee with Former Employer - 40
    § 8.06. Enforcement of Restrictive Covenant in Employment Agreement  - 45
    § 8.07. Protectable Interests for Restrictive Covenants - 69
    § 8.08. Modification of Unreasonable Restrictive Covenant - 76
    § 8.09. Rights of Employee to Inventions - 82
    § 8.10. Employer Shop Right to Employee Inventions - 84
    § 8.11. Employee Agreements to Assign Patents - 89 

    Chapter 8–Employee Duty of Loyalty and Restrictive Covenants (all but §§ 8.05 and 8.09–8.11)
    Sections 8.01–8.04 and 8.06–8.08 were approved at the 2010 Annual Meeting, subject to the discussion and to editorial prerogative. This draft contains §§ 8.01–8.04 and 8.06–8.08. This material may be cited.
    There was insufficient time to discuss §§ 8.05 and 8.09–8.11, which were later included in Tentative Draft No. 4 and approved at the 2011 Annual Meeting. 

    100 pages, 2010, #1R3ELTD3E

    Restatement Third, Employment Law, Tentative Draft No. 3

    Softbound  | 1R3ELTD3  | 2010  | 100 pages  | $25.00 

    CHAPTER 8

    EMPLOYEE DUTY OF LOYALTY AND RESTRICTIVE COVENANTS

    § 8.01. Employee Duty of Loyalty - 1
    § 8.02. Definition of Employer’s Confidential Information - 6
    § 8.03. Disclosure or Use by Employee or Former Employee of Employer’s
                 Confidential Information  - 24
    § 8.04. Competition by Employee with Current Employer  - 26
    § 8.05. Competition by Former Employee with Former Employer - 40
    § 8.06. Enforcement of Restrictive Covenant in Employment Agreement  - 45
    § 8.07. Protectable Interests for Restrictive Covenants - 69
    § 8.08. Modification of Unreasonable Restrictive Covenant - 76
    § 8.09. Rights of Employee to Inventions - 82
    § 8.10. Employer Shop Right to Employee Inventions - 84
    § 8.11. Employee Agreements to Assign Patents - 89 

    Chapter 8–Employee Duty of Loyalty and Restrictive Covenants (all but §§ 8.05 and 8.09–8.11)
    Sections 8.01–8.04 and 8.06–8.08 were approved at the 2010 Annual Meeting, subject to the discussion and to editorial prerogative. This draft contains §§ 8.01–8.04 and 8.06–8. This material may be cited.
    There was insufficient time to discuss §§ 8.05 and 8.09–8.11, which were later included in Tentative Draft No. 4 and approved at the 2011 Annual Meeting. 

     
  •  
    Tentative Draft No. 2 Revised
    195 pages, 2009, #1R3ELTD2ER

    Restatement Third, Employment Law, Tentative Draft No. 2 Revised

    Electronic  | 1R3ELTD2ER  | 2009  | 195 pages  

    Chapter 1–Existence of an Employment Relationship
    Chapter 2–Employment Contracts: Termination
    Chapter 5–Tort of Wrongful Discipline in Violation of Public Policy 

    Chapters 1, 2, and 5 (formerly Chapter 4) were approved at the 2009 Annual Meeting, subject to the discussion and to editorial prerogative. This draft contains Chapters 1, 2, and 5 as revised based on the discussion at that Meeting. This material may be cited. 

     
  •  
    Cumulative Annual Pocket Part 2016
    3 pages, 2016, #16PPEMP

     

    Reporting cases through June 2015 that cite the Restatement of the Law, Employment Law. This Pocket Part contains all citations to Restatement of the Law, Employment Law (2015).

    For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements.

    Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately.

    FGM - 41890647