Ch28 Employer and Employee Relations Flashcards
Employers may hire whomever they want.
Creation of Employer and Employee Relationship
Relationship only arises from a contract of employment, express or implied.
Creation of Employer and Employee Relationship
Employees have right to choose employee.
Creation of Employer and Employee Relationship
Relationship between employer and employee cannot exist without consent.
Creation of Employer and Employee Relationship
One who voluntarily performs the duties of an employee cannot subject the employer to the liabilities of an employer.
Creation of Employer and Employee Relationship
An employee discharged without cause may recover wages due up to the end of the contract period from employer.
Length of Contract
Seldom does either party mention the length of the contract period.
Length of Contract
The terms of compensation can determine the contract period.
Length of Contract
Most situations have an indefinite length for the contract, and either party will terminate at any time or no reason at any time (employment at will).
Length of Contract
Many employees have significant job security and cannot be discharged without good cause.
Length of Contract
Terms, other than compensation, are stated by law, custom, employee handbooks, and, potentially, union contracts.
Determination of Contract Terms
Some courts hold the employer’s written policy manual constitutes terms.
Determination of Contract Terms
Employees began agreeing with unions to provisions of employment which applied to large numbers of employees.
Union Contracts
As an agent of employees, the union speaks and contracts for all employees collectively.
Union Contracts
Duty to exercise care
Duties and Liabilities of the Employer
Duty to provide a reasonably safe place to work.
Duties and Liabilities of the Employer
Duty to provide safe tools and appliances.
Duties and Liabilities of the Employer
Duty to provide competent and sufficient employees for the task.
Duties and Liabilities of the Employer
Duty to instruct employees with reference to the dangerous nature of employment.
Duties and Liabilities of the Employer
The employee’s contributory negligence.
Common Law Defenses of the Employer
The act of a fellow servant.
Common Law Defenses of the Employer
A risk assumed by the employee.
Common Law Defenses of the Employer
Statutes have modified the defenses an employer can take when sued for damages by an employee.
Statutory Modification of Common Law: Defenses.
An Employee, or relatives of employee, may recover damages for injury to, or death of, the employee.
Statutory Modification of Common Law: Worker’s Compensation
Workers’ compensation laws allow recovery for work-related injuries or occupational diseases.
Statutory Modification of Common Law: Worker’s Compensation
Actions for these damages are tried in court.
Statutory Modification of Common Law: Worker’s Compensation
Workers’ compensation laws allow employee to sue another employee for injury.
Statutory Modification of Common Law: Worker’s Compensation
Act designed to ensure safe and healthful working conditions.
Statutory Modification of Common Law: Occupational Safety and Health Act.
The Occupational Safety and Health Administration issues standards with which employers and employees must comply.
Statutory Modification of Common Law: Occupational Safety and Health Act.
Respondeat superior imposes liability on an employer for torts caused by employee.
Liabilities of the Employer to Third Parties
To be liable, employee must have caused injury during employment.
Liabilities of the Employer to Third Parties
Job performance
Employee’s Duties to the Employer
Business confidentiality
Employee’s Duties to the Employer
Granting of right to use inventions.
Employee’s Duties to the Employer
Old-age and survivors’ insurance.
Federal Social Security Act
Eligibility for Retirement Benefits.
Old-age and survivors’ insurance.
Assistance to persons in financial need.
Federal Social Security Act
Unemployment compensation
Federal Social Security Act
Disability and Medicare benefits
Federal Social Security Act
Taxation to Finance the Plan
Federal Social Security Act
Both employer and employee pay a payroll tax (FICA) of an equal percentage of all income earned in any year. The tax finances the unemployment compensation part of the act.
Taxation to Finance the Plan
Crossword Question: Over decades, the ______ _________ developed rules governing the relationship between an employer and employee. (Two words)
Common Law
Crossword Question: Because of labor unions, employee handbooks, employment contracts, many companies do not discharge an employee without ____________ ____________. (Two words)
good Cause
Crossword Question: This theory imposes liability on an employer for torts caused by employees.
Respondent Superior
Crossword Question: The employer’s right to use the employee’s invention without payment of a royalty. (Instructor: now if the employer is smart they will incent employees to do this for them. Now that is called intrapreneurship)
Inventions: Shop Right
Crossword Question: If you are hurt on the job and go to claim unemployment compensation, are you able to supplement your unemployment with being self-employed?
No
Crossword Question: The Federal Social Security Act has how many major provisions?
Four
Crossword Question: To be entitled to FULL or maximum retirement benefits, one must wait until what age? (Spell the numbers out)
Sixty-Five
Crossword Question: This acronym applies to every employer engaged in a business affecting interstate commerce except governments.
OSHA
Crossword Question: This is an employee who has the same status as another worker and works with that employee.
Fellow Servant
Crossword Question: An employment terminable by employer or employee for any reason. (Three words)
Employment at Will
Crossword Question: This rule states that employees assume the normal risks associated with certain employment.
Assumption at Risk
Crossword Question: Under the common law, the employer has how many well-defined duties?
Five
Crossword Question: One of the three duties owed to the employer by the employee.
Job Performance
Crossword Question: This rule states that an employer can escape liability for the breach of duty if it can be established that employee’s own negligence contributed to the accident.
Contributory Negligence
Crossword Question: This acronym is paid by both employee and employer through payroll taxes and may be changed at any session of Congress for the Social Security Act.
FICA
Cengage Learning: Theory imposing liability on employers for torts of employees
Respondeat Superior
Cengage Learning: Employment terminable by employer or employee for any reason
Employment at Will
Cengage Learning: Employee with same status and working with another worker
Fellow Servant
Cengage Learning: Employer’s right to use employee’s invention without payment of royalty
Shop Right
- Common law governing the relationship between employers and employees has not been modified much by statute.
False
- The length of the contract of employment is not always implied by the terms of compensation.
True
- Because of labor legislation, union contracts, employee handbooks, and at-will employment laws, employees have little job security.
False
- Workers’ compensation laws allow recovery by an employee for injuries that arise within the course of the work from a risk involved in that work regardless of negligence.
True
- The Federal Employers Liability Act applies to common carriers engaged in interstate commerce.
True
- Employers are not required to keep records of work-related injuries or illnesses.
False
- The Occupational Safety and Health Act applies to all private and governmental employers.
False
- At common law, an employee who suffered an injury because the employer failed to provide enough employees to safely perform a job could sue an employer.
True
- When an employer-employee situation has an indefinite length for the contract and either the employer or employee may terminate employment for any reason or for no reason at all, it is called:
Employment at will
- OSHA stands for:
Occupational Safety and Health Act.
- An employee with the same status and working with another worker is called a ________.
fellow servant
- An employer has the duty of:
exercising reasonable care
- The employer’s right to use an employee’s invention without the payment of royalty is called ________.
a shop right
- Employees have a duty to employers to:
perform the job honestly and ethically.
