This casebook offers a distinctive approach to employment law in two key ways: first, it focuses on the power dynamics inherent in the employment relationship rather than framing the discussion around contract law; second, it situates current law within its historical, social, and geographic context, showing how legal rules evolve over time. While covering all standard topics found in major employment law casebooks, it emphasizes a central principle: work—and the opportunity to work—is a fundamental civil right, shaped by historical and societal forces.

Employment-at-will serves as the cornerstone of the text, with comprehensive treatment of state variations, including handbooks, public policy exceptions, the covenant of good faith, abusive discharge, and employee privacy. The casebook reinforces foundational concepts in contract and tort law while consistently framing employment as a “special relationship” in which the opportunity to work is viewed as a human and civil right.

The book also explores broader legal theories, including how repeat players influence law, slippery slope reasoning, binary thinking, and the role of mandated minimum standards. Unique to this casebook is its organization around the common law origins of each rule, tracing how historical practices, customs, and societal shifts produced the legal frameworks we have today. This historical perspective highlights the contingency of the law—showing that legal rules are not inevitable but emerge from evolving needs, challenges, and social contexts.

Reflecting the impact of major societal disruptions, the book draws parallels between past transformative periods—Reconstruction, industrialization, the rise of railroads, the New Deal—and recent changes in the workplace brought on by the global pandemic. It addresses contemporary trends, such as the growing importance of essential jobs, work-from-home practices, and evolving employee expectations, demonstrating how employment law continues to adapt in response to social and economic realities.

Modern Employment Law: In Time and Place Lea VanderVelde ISBN 9781647084622, 978-1647084622 & 9781685614546

Author
Lea VanderVelde