3L Andrew Thompson was recently awarded first place in the Louis Jackson Memorial National Student Writing Competition for his note “Shortened Limitation Periods in Employment Contracts: A Reasonable Suggestion,” which will be published in Volume 73 of the Case Western Reserve Law Review.
“My Note describes the growing trend of employers including within job applications limitations periods that artificially shorten the time limit for bringing employment-related claims—far shorter than the legal statute of limitations.” Thompson says.
“Such limitations periods are enforceable if reasonable, but I note that many courts interpret reasonableness in a broad way that ignores the facts of specific cases and doesn't require employers to justify the need for the limitations periods. Comparing limitations periods to non-compete clauses and forum-selection clauses, I argue that courts should balance public policy against freedom to contract by enforcing limitations periods only after considering the specific facts of each case and weighing the employers' interests against the employees' interests.”
The topic was originally suggested by the Law Review's faculty advisor, professor Jonathan Entin. Thompson chose it due to his interest in contract law and its connection to Ohio law. Entin also suggested this writing competition, which awards a $3,000 scholarship to its first place winner.
In addition to his involvement in the Law Review, Thompson is currently a member of the Ault Mock Trial team. He will join the Cleveland office of BakerHostetler as an associate after his graduation in May and credits Jonathan Entin for his help in preparing this Note.