The More Things Change, The More They Stay the Same

The More Things Change, The More They Stay the Same
Author: Bonita Roberts
Publisher:
Total Pages: 12
Release: 2017
Genre:
ISBN:

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The Texas Legislature should reject the employment-at-will doctrine in Texas. A carefully crafted new law could be created through the assessment of both the Montana Wrongful Discharge from Employment Act and the Model Employment Termination Act (“META”), approved by the National Conference of Commissioners on Uniform State Law. Texas recognizes common-law and statutory exceptions to the employment-at-will doctrine. However, the statutory and common-law exceptions to the employment-at-will doctrine do not swallow the rule; instead, they constitute random, narrow efforts affording employees few protections while requiring employers to defend their decisions on a costly, piecemeal basis.The Montana Employment Act protects non-probationary employees discharged for refusing to violate or reporting a violation of public policy, or administrative rule concerning public health, safety, or welfare. META differs from the Montana statute by being far more precise in its description of probation, if not broader in its effect. Enacting a Texas wrongful discharge statute, based on the better defined and more flexible Model Act, merits serious consideration because the changes in the fluctuating state of employment law will be more controlled through the legislative process. META represents a tradeoff of the common-law causes of action and their attendant damage awards, now available as a practical matter to a very few employees, for smaller, predictable awards. Ultimately, a Texas wrongful discharge statute based on META's terms could provide a workable and systematic improvement over the current haphazard, yet expanding, scope of wrongful discharge law.

Wrongful Discharge Claims

Wrongful Discharge Claims
Author: Paul I. Weiner
Publisher:
Total Pages: 164
Release: 1986
Genre: Employees
ISBN:

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Texas Written Discovery

Texas Written Discovery
Author: Robert K. Wise
Publisher:
Total Pages: 0
Release: 2014
Genre: Discovery (Law)
ISBN: 9781576258361

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Discovery is the largest cost in most civil actions--as much as ninety percent in complex cases! It also can be the most frustrating part of trial.The key is properly drafting, and responding to, written discovery. Texas Written Discovery is available in ePub format, with hyperlinks to the full text of cases, statutes and other authoritative content. The eBooks are compatible with a variety of devices and readers, including Apple iPad or iPhone, SONY Reader, Barnes & Noble NOOK and Adobe Digital Editions for PC and Mac Chapters Include: Discovery's Purpose and Discovery-Control Plans and Limitations Signing Written-Discovery Requests, Responses, and Objections, and Filing Requirements Permissible Discovery; Forms, Sequence, and Scope of Discovery; and Protective Orders Written Discovery Responses, Objections, Privilege Assertions, and Amending or Supplementing Responses Requests for Disclosure Production Requests Interrogatories Requests for Admission Obtaining Documents and Tangible Things from Nonparties Sanctions