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.
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.
What's included
8 videos5 readings1 assignment1 discussion prompt
Show info about module content
8 videos•Total 54 minutes
Introduction: Welcome to the Course•2 minutes
The Default Rule: At-Will Employment•4 minutes
Assent•8 minutes
The Statute of Frauds•8 minutes
Consideration: Illusory Promises•9 minutes
Consideration: Mutuality•7 minutes
Consideration: Past Consideration•8 minutes
Promissory Estoppel•7 minutes
5 readings•Total 103 minutes
At-Will Employment: Overview•30 minutes
Mutual Assent•30 minutes
The Statute of Frauds•3 minutes
Mutuality in Contracts•20 minutes
Promissory Estoppel•20 minutes
1 assignment•Total 30 minutes
Module 1 Quiz•30 minutes
1 discussion prompt•Total 10 minutes
Introduce Yourself•10 minutes
Interpretation: The Content of Employment Contracts
Module 2•3 hours to complete
Module details
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.
Interpretation: Vague or Ambiguous Terms•8 minutes
Interpretation: Parol Evidence Rule•8 minutes
Interpretation: Employee Handbook•9 minutes
Interpretation: Employer Breach and Good Faith•7 minutes
2 readings•Total 33 minutes
The Parol Evidence Rule•3 minutes
The Implied Covenant of Good Faith and Fair Dealing•30 minutes
1 assignment•Total 30 minutes
Module 2 Quiz•30 minutes
2 discussion prompts•Total 50 minutes
Parol Evidence Rule•20 minutes
Implied Covenant of Good Faith and Fair Dealing•30 minutes
What Happens When Things Go Wrong? Damages in Employment Contracts
Module 3•3 hours to complete
Module details
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.
What's included
6 videos3 readings1 assignment
Show info about module content
6 videos•Total 47 minutes
Expectation Damages•7 minutes
Foreseeability, Certainty, and Avoidability•7 minutes
Mitigation•7 minutes
Liquidated Damages•8 minutes
Mitigation and Liquidated Damages•8 minutes
Specific Performance•10 minutes
3 readings•Total 90 minutes
Expectation Damages•30 minutes
Liquidated Damages•30 minutes
Specific Performance•30 minutes
1 assignment•Total 30 minutes
Module 3 Quiz•30 minutes
Special Topics in Employment Contracts
Module 4•3 hours to complete
Module details
What's included
6 videos3 readings1 assignment
Show info about module content
6 videos•Total 35 minutes
Electronic Agreements•7 minutes
Modification•6 minutes
Non-Compete Agreements•6 minutes
Non-Disclosure Agreements and Non-Disparagement Clauses•8 minutes
Mandatory Arbitration Clauses•7 minutes
Conclusion•1 minute
3 readings•Total 105 minutes
Non-Compete Agreements•30 minutes
Non-Disclosure Agreements•45 minutes
Arbitration Agreements•30 minutes
1 assignment•Total 30 minutes
Module 4 Quiz•30 minutes
Instructor
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The University of Pennsylvania (commonly referred to as Penn) is a private university, located in Philadelphia, Pennsylvania, United States. A member of the Ivy League, Penn is the fourth-oldest institution of higher education in the United States, and considers itself to be the first university in the United States with both undergraduate and graduate studies.
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