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Labour Law in an Era of GlobalizationTransformative Practices and Possibilities$
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Joanne Conaghan, Richard Michael Fischl, and Karl Klare

Print publication date: 2004

Print ISBN-13: 9780199271818

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199271818.001.0001

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‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will

‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will

Chapter:
(p.252) (p.253) 13 ‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will
Source:
Labour Law in an Era of Globalization
Author(s):

Richard Michael Fischl

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199271818.003.0014

This chapter reflects upon the impact of the background employment-at-will rule in the USA on employment equity, labour law, and other regimes of protective labour legislation. It urges caution about jettisoning traditional legal strategies, arguing forcefully that there can be no workplace equity without workplace justice, and that there can be no workplace justice ‘in the shadow of employment at will’.

Keywords:   background employment, USA, employment equity, litigation strategy, labour law

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