One of the major justifications for the at-will presumption is its consistency with the parties' usual expectations.
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Question:
- One of the major justifications for the at-will presumption is its consistency with the parties' usual expectations. The idea here is that, since the parties have to express contractually their preference for something other than an at-will relationship, their failure to do so results in a default to the at-will presumption.
- Does the at-will presumption make sense, why or why not?
- Is the "silence indicates preference" justification appropriate?
- Should a different presumption exist, and if so, what should it be? If not, why not?
- Do you agree with the general requirement of additional consideration for employment agreements that include indefinite terms of employment?
- What is the normal consideration exchanged in a typical at-will employment situation?
- What forms of additional consideration could be offered (provide specific examples)?
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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