Erosion of Employment at Will

1. Historical Background of the Employment Relationship A. The Relationship at Common Law 1. Jacob & Rachel 2. Domestic Relations 3. Statute of Laborers (Black Plague) 4. Puritan View (idleness as the parent of all vices) 5. Shift from law based on status to one based on contract B. Enforcing the Employee's Promise to Work I. Forced Labor a. English law b. Thirteenth Amendment 2. Forced Labor vis a vis Forced Performance - Role of the Court 3. Prevent working for another employer C. The Employer's Promise of Employment 1. Originally employment was considered of personal nature and employer could not be forced to employ or continue to employ 2. Impact of modern statutes