Ch 21 Flashcards
the party who pays someone to do the directed activities
Employer
a legal relationship based on a contract that calls for one individual to be paid for working under
another’s direction and control
Employment
the party who is paid to do the work/job
Employee
express employment contracts are oral or written
Express Agreements
generally hourly wage jobs are impliedly considered to come under the Doctrine of Employment at Will
Implied Agreements
an employee may be discharged at any time or any cause because there has been no agreement about the length of employment
Doctrine of Employment at Will
allows employee to quit any time or be fired any time
Employment at Will
company will be charged with this tort if they terminate the employee.
Wrongful Discharge
employers cannot fire without a fair reason
Violations of Contract Terms
entitled to due process before being discharged; means should receive notice of the reason along with a hearing to present their own evidence
Government Employee
If the breach is “material” – it extinguishes the obligation of the party to the contract
Material Breach
Is money paid by the government or a private insurance fund to workers who have lost their job through no fault of their own.
Unemployment Compensation
employee’s discharge is not due to his/her conduct entitled to unemployment compensation
Discharged Without Cause
violated employment obligations & is not entitled to unemployment compensation
Discharged for Cause
states the minimum wage & maximum hours;
over 40 hours in a week = 1 ½ time the regular rate must be paid
Fair Labor Standards Act