Have the courts reasonably balanced the employer-employee power relationship?
That an individual employee is at a disadvantage in designing the contractual relationship with an employer is conventional wisdom. Common law takes this into account by considering the hardship worked on ex-employees and the right to pursue one’s profession. Also, employers must show a reasonable and well-defined, protectable economic interest to justify labor market restraints. Reflecting both the power relationship and the legitimate economic interests of employers, Table 3 presents the decisions made by the courts throughout the historical period. Federal and state labor legislation should clearly be included in a quantitative model to test for causal shifts. Even within the limited boundary of cases, a separation of plaintiff or defendant as classified by employer or employee could further clarify motivation for enforcement or invalidation of the contracts. Nonetheless, as a gross historical perspective, the numeric results indicate that state courts have been reasonably balanced
Related Questions
- What degree of relationship is required between a "specific purchase" and the power content of a particular electricity product as reflected in its power content label?
- Does the difference in salary make the difference in power in a relationship?
- What is the relationship between ADC clock rates and power consumption?
