Chapter 12: Employment Law 1 ( Employee Rights ) Flashcards
Arbitration
Is cheaper, faster and less adversarial than a trial, but can be stacked in favor of cooperate interest and amounts to a denial of the fundamental right of access to the legal system
Scope of Employment
On the job
1986 Electronic Communications Privacy Act
1- Prior consent by one of the parties to the communication
2- Employer monitoring in the ordinary course of business by telephone or other devise furnished by a provider
1988 Drug free workplace act
Contracts of $100,000 or more with the federal government or who receive aid from the government
1988 Drug free workplace act
Contracts of $100,000 or more with the federal government or who receive aid from the government
Pre-employment Testing
State and local law may impose some restriction
In association with periodic physical examinations
Advance notice is often required
For cause
When an employer has probable cause or reasonable suspicion
Post-accident testing
Where drug use is suspected
Follow-up Testing
For those returning from drug rehabilitation
The Families and Medial Leave Act ( FMLA)
Eligible employees of covered employers to take job protected, unpaid leave
Limitations
1- Express or implied contracts
2-An implied covenant of good faith and fair dealing
3- The tort of violating an established public policy