This article, in PC World, highlights a significant change in California law, one that is bound to make some waves in employment law circles. The California State Supreme Court recently invalidated non-solicitation contracts, which employers had used to prevent employees from leaving the company with clients and other employees.
In Edwards v. Arthur Anderson, the court determined that non-solicitation clauses are no longer legal in contracts that apply to California residents. Note that the decision appears to preserve non-solictiation agreements in the context of a sale of a business or the sale of a significant portion of a company's stock.
We won't cover the details of non-compete clauses, which are similar, until Class 8, but this is a timely case to get you thinking about Employment Law. Don't worry about whether you understand the nuance or background of this case, but do think about what this could mean in other contexts and for potential clients. If you were an employer, does this impact where you do business? And with whom? Are there ways around this issue if a non-solicitation agreement is desired?
Thursday, August 21, 2008
Saturday, August 9, 2008
Course Materials (Also Available in Syllabus)
This course uses the CaseFile Method. Each day will involve the use of a new case file, prepared by a “partner” along with supplemental materials from a “paralegal.” The file will include facts and issues, as well as the key cases and other supporting materials.
This method has been chosen because I believe it is the best method to provide knowledge about the basics of labor and employment law as well as the skills you must have to be an effective lawyer (i.e., make your knowledge useful). As an added benefit, the materials are an extremely cost effective way to reach the course goals. The materials for each segment of the course, (1) Employment Law and (2) Labor Law, are available online at the CaseFile Method web site (click on the links below). The materials are $12.95 for each segment of the course (i.e., $12.95 for Labor Law and $12.95 for Employment Law).
Employment Law
Labor Law
The CaseFile Method web site states: “Please note, you may use the first three CaseFiles in any category free of charge. Upon purchase, your account will be enabled to access the appropriate CaseFiles. Due to the nature of the CaseFile Method, we cannot offer refunds for purchased CaseFiles.” As such, if you are not sure you will stay in the course, you may review the first three case files at no cost, while you determine whether you wish to remain in the course.
I will also provide additional reading assignments throughout the term to supplement the case files. This may include newspaper articles, law review articles, and other writings related to the issues we are discussing. These materials will be from sources available to you at no cost.
This method has been chosen because I believe it is the best method to provide knowledge about the basics of labor and employment law as well as the skills you must have to be an effective lawyer (i.e., make your knowledge useful). As an added benefit, the materials are an extremely cost effective way to reach the course goals. The materials for each segment of the course, (1) Employment Law and (2) Labor Law, are available online at the CaseFile Method web site (click on the links below). The materials are $12.95 for each segment of the course (i.e., $12.95 for Labor Law and $12.95 for Employment Law).
Employment Law
Labor Law
The CaseFile Method web site states: “Please note, you may use the first three CaseFiles in any category free of charge. Upon purchase, your account will be enabled to access the appropriate CaseFiles. Due to the nature of the CaseFile Method, we cannot offer refunds for purchased CaseFiles.” As such, if you are not sure you will stay in the course, you may review the first three case files at no cost, while you determine whether you wish to remain in the course.
I will also provide additional reading assignments throughout the term to supplement the case files. This may include newspaper articles, law review articles, and other writings related to the issues we are discussing. These materials will be from sources available to you at no cost.
Course Syllabus -- Fall 2008
Labor & Employment Law Course Overview and Syllabus
Law 291: Labor and Employment Law (Fall 2008)
Prof. J. Fershee
Tues./Thurs. 9:05 a.m. to 10:35 a.m., Room 212
Office Hours (rm 306): Monday, 1:00 p.m. to 2:00 p.m. or by appt.
e-mail: jfershee[@]law.und.edu; phone: 701.777.2261
Click Here for the Syllabus
Law 291: Labor and Employment Law (Fall 2008)
Prof. J. Fershee
Tues./Thurs. 9:05 a.m. to 10:35 a.m., Room 212
Office Hours (rm 306): Monday, 1:00 p.m. to 2:00 p.m. or by appt.
e-mail: jfershee[@]law.und.edu; phone: 701.777.2261
Click Here for the Syllabus
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