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The article addresses discharge or reassignment for physical or mental inability to perform the work (including being overweight and underweight); temporary and permanent disability distinguished; and the failure of the employee to disclose a physical defect in the job application. (The article is pre-ADA.) Sick leave use, abuse, overpayment and related issues are discussed, as …

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Do contract rights vest?

An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author draws a distinction between monetary rights that have accrued and have been earned and non-monetary rights exercisable only in futuro. The author concludes that monetary rights such as vacation pay, …

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