11) Employment Law Flashcards
Employment Law
Protection for employees
Employment at Will
Employee who’s free to terminate employment at any time (still need to give notice approximately equal to your vacation)
Employment Under Contract
Works under a contract for specified length of time
- PT’s in school-districts or academia
1947 Taft Hartley Act
Can’t fire employees without a good reason
Are PT’s unionized employees?
No
What are some hospital-based bargaining units?
- MD’s
- RN’s
- HCP’s
- Techs
- Skilled Maintenance
- Other non-HCP’s
- Clerical employees
- Security guards
Age Discrimination in Employment Act (1967)
Recruitment, selection, training, promotion, and conditions of employment
Older Workers Benefit Protection Act (1990)
Benefits protection
What is true about employers and civil rights?
They can’t discriminate based on race, color, religion, sex, national origin, or disabilities
What are prohibited pre-employment inquiries?
- Race, ethnicity, national origin
- Marital status, parental status, and sexual orientation
- Religious practices
- Disabilities
- Age
What are some pre-cautionary pre-employment inquiries?
- Height
- Weight
- Educational Level
- Criminal Convictions
- Military d/c if less than honorable
- Financial status
What is the ADA definition of disability?
Physical/mental impairment that substantially limits 1 or more life activities
What are the exclusions from ADA?
- Current drug abuse/Illegal use
- Compulsive gambling
- Kleptomaniacs/Pyromaniacs
- Sexual Problems w/Behavioral Disorders
When can pre-cautionary pre-employment inquiries be asked?
If they’re job related
What is the difference between employees and independent contractors?
When you’re an employee, someone makes your schedule but when you’re an independent contractor you make your own schedule
What are the areas of concern for independent contractors?
- Vicarious liability
- Negligent selection and retention
- Failure to monitor quality on contracted situations
- Tax consequences
What are some actions you should take before firing an employee bc they did something bad?
- Don’t d/c the pt on the spot
- Prompt a full investigation of the offense
- Get some legal advice
- Ground disciplinary termination on some reason and tell the employee in person if possible
- Document everything
- Maintain records for statute of limitations
Restrictive Covenant
OSHA
Adopts and enfores health and safety standards
What does OSHA say about the communication of hazards?
- Info must be available about the ID’s and hazards of the chemicals
- Requires the devo and dissemination of such info
