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Tess Wilkinson-Ryan

The employment relationship is one of the foundations upon which modern society and the greater economy is built, but the nature of this relationship can be both complex and confusing. This course seeks to demystify the ways that U.S. contract law principles govern the fundamental relationship between employers and employees.

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The employment relationship is one of the foundations upon which modern society and the greater economy is built, but the nature of this relationship can be both complex and confusing. This course seeks to demystify the ways that U.S. contract law principles govern the fundamental relationship between employers and employees.

We begin by examining the default rule of at-will employment that applies to most U.S. employment relationships, and we then consider the necessary elements required to create a binding employment relationship. We also explore how courts interpret the content of employment agreements as well as what factors courts consider in awarding damages when an employment agreement is breached. Finally, we take a deeper dive into employment-related agreements such as non-disclosure agreements, non-disparagement agreements, and mandatory arbitration clauses, and how the law has evolved to keep up with the changing nature of the fundamental employment relationship.

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What's inside

Syllabus

Introduction to Employment Contracts
Welcome to this course on Employment Contracts! In this introductory module, we will introduce the default rule of at-will employment in the United States. Then, we will discuss the special rules that make employment contracts special. Finally, we will delve into the elements that must be present to create an enforceable contract for employment.
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Interpretation: The Content of Employment Contracts
This module explores the substantive content of employment contracts and the rules that govern what types of terms that are and are not allowed in employment contracts. Many laws have been passed regarding these mandatory rules, such as minimum wage requirements and requirements governing safety, family leave, and termination. Finally, we look at how the law deals with breaches in an employment contract setting.
What Happens When Things Go Wrong? Damages in Employment Contracts
This module deals with what happens when things go wrong - how are the parties that are harmed by the breach of an employment contract made whole? There are a variety of damage types that courts recognize, and we will explore what remedies are available when an employment contract is breached.
Special Topics in Employment Contracts

Good to know

Know what's good
, what to watch for
, and possible dealbreakers
Develops foundational knowledge of the US employer-employee relationship, which is a critical concept in many different fields
Teaches principles of contract interpretation that apply to both employment and non-employment contracts, which is a highly transferable and valuable skill
Taught by Tess Wilkinson-Ryan, who is an experienced employment lawyer and professor in prestigious institutions
Examines employment-related issues that are particularly relevant today, such as non-disclosure agreements and mandatory arbitration clauses
Explores how the law has evolved to keep up with the changing nature of the employer-employee relationship, which is a valuable insight for those in the workforce
Requires a basic understanding of legal concepts and vocabulary, which may be a barrier for those without a legal background

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Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in Employment Contracts with these activities:
Seek guidance from an employment law professional
Connect with an employment law professional to gain insights, ask questions, and receive support throughout your learning journey.
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  • Identify employment law professionals in your network or through online platforms
  • Reach out to them and express your interest in seeking guidance
  • Set up regular meetings or conversations to discuss employment law topics and receive feedback
Explore Legal Resources on Employment Contracts
Explore legal resources and databases to enhance your research skills and understanding of employment contract law
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  • Identify relevant legal databases and resources
  • Conduct keyword searches to locate court cases, statutes, and legal commentary
  • Analyze legal materials to extract key legal principles and precedents
  • Evaluate the reliability and authority of legal sources
Review employment law principles
Review employment law principles to gain a clear understanding of the laws that regulate the relationship between employers and employees.
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  • Read the course syllabus and take notes on key employment law concepts
  • Review the textbook chapters covering employment contracts and the default at-will rule
Ten other activities
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Review Employment Contract Basics
Review the basics of employment contracts to ensure you have a solid understanding of foundational terms and concepts
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  • Create a timeline of employment contract history
  • Summarize key court cases and their holdings
  • Identify the essential elements of an employment contract
  • Distinguish between express and implied employment contracts
Analyze Employment Contract Provisions
Practice analyzing and interpreting employment contract provisions to enhance your understanding of their legal enforceability and meaning
Show steps
  • Identify different types of employment contract provisions, such as non-compete clauses and confidentiality agreements
  • Analyze the language used in employment contract provisions to determine their scope and limitations
  • Apply legal principles to interpret the meaning and effect of employment contract provisions
  • Consider the practical implications of employment contract provisions for employers and employees
Analyze employment contracts
Practice analyzing employment contracts to improve your ability to understand the terms and conditions of employment.
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  • Gather sample employment contracts from different industries
  • Identify the key elements of each contract, including the parties involved, the scope of employment, and the terms of compensation
  • Analyze the contracts for potential legal issues or areas of concern
Discuss employment law cases with classmates
Engage in discussions with your classmates to share your understanding of employment law cases and gain different perspectives.
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  • Form a study group with classmates
  • Assign each member a case to research and present to the group
  • Discuss the case, including the legal principles involved and the implications for employers and employees
Explore legal databases for employment law cases
Learn how to use legal databases to research employment law cases and stay informed about the latest legal developments.
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  • Create an account on a legal database such as LexisNexis or Westlaw
  • Use search terms to find relevant employment law cases
  • Read the summaries and full text of the cases to understand the legal principles involved
Draft an Employment Contract
Create a comprehensive employment contract to gain hands-on experience in drafting legally sound and enforceable employment agreements
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  • Gather information on the parties involved and the purpose of the employment relationship
  • Research applicable laws and regulations governing employment contracts
  • Identify and include essential contract terms, such as job title, compensation, and termination provisions
  • Draft the employment contract using clear and concise language
  • Review and revise the contract to ensure accuracy and legal compliance
Draft an employment contract for a hypothetical scenario
Apply your knowledge of employment law principles to draft an employment contract that meets the specific needs of a hypothetical scenario.
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  • Identify the parties involved in the employment relationship
  • Determine the scope of employment, including the job title, duties, and responsibilities
  • Establish the terms of compensation, including salary, benefits, and equity
  • Include provisions for termination of employment and dispute resolution
  • Review and finalize the contract with the assistance of a legal professional
Discuss Employment Contract Negotiation Strategies
Engage in discussions with peers to explore effective negotiation strategies for employment contracts
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  • Identify different negotiation tactics and their potential impact
  • Analyze case studies and real-world examples to learn from successful and unsuccessful negotiation strategies
  • Practice negotiating employment contract terms through role-playing exercises
  • Share and critique negotiation strategies to enhance understanding
Write an essay on a current topic in employment law
Demonstrate your understanding of a current topic in employment law by writing an essay that analyzes the legal issues and provides your own insights.
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  • Choose a current topic in employment law, such as the impact of automation on the workplace
  • Research the topic using legal databases, scholarly articles, and other credible sources
  • Develop a thesis statement that presents your main argument
  • Write the essay, including an introduction, body paragraphs, and conclusion
  • Proofread and edit the essay
Contribute to Open-Source Employment Contract Templates
Contribute to the development and improvement of employment contract templates available through open-source platforms
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  • Review existing open-source employment contract templates
  • Identify areas for improvement or expansion of the templates
  • Draft or revise contract provisions or clauses to enhance their clarity and effectiveness
  • Submit your contributions to the open-source repository

Career center

Learners who complete Employment Contracts will develop knowledge and skills that may be useful to these careers:
Employment Law Specialist
Employment Law Specialists focus on the laws governing the employer-employee relationship. They research and analyze laws, advise clients, and represent parties in court or tribunals. This role requires a Juris Doctorate. This course may be especially helpful to employment law specialists by providing a detailed overview of employment contract law.
Human Resources Manager
Human Resources Managers develop and administer employee benefit programs, develop policies regarding hiring, firing, and employee conduct, and establish training and development programs Professional certification typically requires an undergraduate degree, but many professionals enter the field with a bachelor's in a related field combined with experience. This course can help an aspiring HR Manager by providing a foundation in employment law. It also introduces topics such as non-disclosure agreements and mandatory arbitration, which could be key areas of interest for an HR manager.
Labor Relations Manager
Labor Relations Managers manage the relationship between employers and unions. They negotiate and administer labor contracts, handle grievances, and promote positive labor-management relations. Typically, a bachelor's degree in human resources, labor relations, or a related field is required. This course may be useful by giving aspiring labor relations managers a foundation in labor law.
Human Resource Business Partner
Human Resource Business Partners work with business leaders to provide human resources support and advice. They develop and implement HR strategies, policies, and programs. Typically, a bachelor's degree in human resources, business administration, or a related field is required. This course may be useful for HR business partners by providing knowledge of the legal principles of employment contracts.
Attorney
Attorneys study and apply the law, advise clients, draft legal documents, represent parties in court, and provide a variety of other legal services. Lawyers typically require a Juris Doctorate. This course may be useful in preparing for law school by providing a foundation in the law of employment contracts. It can also be helpful to practicing attorneys who work in employment law or related fields.
Compensation and Benefits Manager
Compensation and Benefits Managers oversee employee compensation, benefits, and human resources programs. They research and analyze compensation structures, design and implement employee benefit plans, and handle other related duties. Typically, this role requires a bachelor's degree in human resources, business administration, or a related field. This course may be useful for aspiring compensation and benefits manager by providing knowledge of contract law as it relates to employment and benefits.
Payroll Manager
Payroll Managers administer payroll systems, calculate employee pay, and ensure compliance with payroll laws and regulations. Typically, a bachelor's degree in accounting, business, or a related field is required. This course may be useful for aspiring payroll managers by giving them a foundation in the law of employment contracts.
Compliance Officer
Compliance Officers ensure that a company follows laws, regulations, and ethical standards. They develop and implement compliance programs, monitor compliance, and conduct investigations. This role typically requires a bachelor's degree in a related field, such as business, law, finance, or public administration. This course may be useful by helping future compliance officers understand employment-related laws and regulations.
Contract Manager
Contract Managers develop, negotiate, and manage contracts. They ensure that contracts are legally binding and protect the interests of their organization. Typically, a bachelor's degree in a related field, such as business, law, or project management is required. This course may be useful by providing contract managers with knowledge of the law of employment contracts.
Training and Development Manager
Training and Development Managers develop and deliver training programs for employees. They assess training needs, design and implement training programs, and evaluate the effectiveness of training. Typically, a bachelor's degree in human resources, education, or a related field is required. This course may be helpful for training and development managers who work in employment law or related fields by providing a foundation in contract law.
Recruiter
Recruiters identify, attract, and hire qualified candidates for open positions. They develop and execute recruiting strategies, screen applications, and conduct interviews. Many recruiters have a bachelor's degree in human resources, business, or a related field. This course may be helpful for recruiters who work in employment law or related fields by providing a foundation in contract law.
Mediator
Mediators facilitate negotiations and help parties resolve disputes. They may specialize in a particular area, such as employment disputes. This role typically requires a bachelor's degree or above in a field such as human resources, social work, or conflict resolution. This course may be useful by providing an overview of the legal principles governing employment contracts.
Risk Manager
Risk Managers identify, assess, and manage risks. They develop and implement risk management strategies, and they may also assist with crisis management. Typically, a bachelor's degree in business, risk management, or a related field is required. This course may be helpful for risk managers who work in human resources or related fields by providing a foundation in employment law.
Sales Manager
Sales Managers oversee sales teams, develop sales strategies, and monitor sales performance. Typically, a bachelor's degree in business or a related field is required. Some sales managers have a background in human resources or law. This course may be useful for sales managers who work in employment law or related fields by providing them with knowledge of employment contracts.
Operations Manager
Operations Managers oversee the day-to-day operations of a business or organization. They plan, organize, and direct activities to ensure that goals are met. Typically, a bachelor's degree in business or a related field is required. Some operations managers have a background in human resources or law. This course may be useful for operations managers by providing them with knowledge of employment contracts.

Reading list

We've selected six books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in Employment Contracts.
Labor and Employment Law by Gould and Milkamn is an extremely useful introduction to the field of labor and employment law. It widely-assigned text in law school courses and a respected source. It is very comprehensive and may be more suited to substitution than supplementation for the Employment Contracts course.
This treatise provides an in-depth analysis of the law of employment contracts. It valuable resource for lawyers, judges, and academics.
Provides an in-depth analysis of labor law during the Schweiker era, offering historical context and insights into the evolution of employment law policies and practices.
This textbook provides a comprehensive overview of employment law in the United States. It valuable resource for students, lawyers, and academics.
Employment Relations provides useful background information on the broader employment relationship and provides a look at how employment contracts fit into this larger picture.
This treatise provides an in-depth analysis of the law of employment discrimination. It valuable resource for lawyers, judges, and academics.

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