Like most of the contributors to this symposium, I come to bury the Restatement, not to praise it. A fair reading of the ALI’s proposed Chapter 2, on termination and employment at will, reveals a document deeply, if not irretrievably, flawed in both its conception and execution. Principal among my complaints is that the draft neither presents an integrated approach to contractual terms of employment, nor takes a position on the appropriateness of contract as a vehicle for creating employment terms. Thus, in the most benign terms, the draft repackages the common law, adding nothing of value in the process.
Rachel Arnow-Richman, Response to Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Putting the Restatement in its Place, 13 Em. Rts. & Emp. Pol'y J. 143 (2010)