Chapter 15: Employment, Immigration, and Labor Law

Question 1

Employment At Will (Common Law Doctrine)

Answer 1

Either party to an employment relationship, may terminate the employment relationship at any time, for any reason, unless doing so violates statutory or contractual rights.

Question 2

3 Exceptions to Employment at Will

Answer 2

1) Contract Theory
2) Tort Theory
3) Public Policy

Question 3

Exception based on Contract Theory

Answer 3

• There is an “IMPLIED” contract between employer and employee.
• If an employer fires employee based on terms outside of implied contract, employee may sue for breach of contract.

Question 4

Exception based on Tort Theory

Answer 4

Abusively discharging an employee may lead to action by employee under tort theory for damages for intentional infliction of emotional distress.

Question 5

Exceptions based on Public Policy

Answer 5

Can’t fire an employee for reasons that violate public policy within a jurisdiction.

Question 6

Whistleblowing

Answer 6

employee discloses to the public that govt authorities / upper-level management currently engages in illegal activity.

Question 7

Wrongful Discharge

Answer 7

Employer discharges employee’s employment in violation of the law, or employment contract.

(i.e. when employee is fired for exercising rights under whistleblowing protection act).

Question 8

Under the Family and Medical Leave (FMLA) Act, eligible employees may take 12 weeks of leave, out of any 12-month period, for any of the following reasons:

1. To care for __________ within ________ year of _________.
2. To care for __________ child within ________ year of his/her placement in employee’s __________.
3. To care for ___________, ____________, or ______________ with a serious ______________ condition.
4. If employee ____________ from serious _____________ condition, rendering him unable to perform the job.
5. If qualifying ______________ (purposes needed to be attended to) arise from a _____________ , _______________, or ______________ being in the _________________.

Answer 8

1. newborn; one; birth
2. adopted; one; home
3. spouse; child; parent; health
4. suffers; health
5. exigencies; spouse; child; parent; military

Question 9

Minimum Wage

Answer 9

Lowest wage offered by government / union contract the employer pays an hourly worker.

Question 10

If the _____________ minimum wage is ______________ than the ____________ minimum wage, then the employees is entitled to receive ______________.

Answer 10

state; greater; federal; more

Question 11

Legislation protecting health and safety of employees?

Answer 11

Occupational Health, and Safety Act

Question 12

Occupational Health and Safety Act requires that…

Answer 12

employers keep the workplace safe under certain standards.

Question 13

State worker’s compensation laws

Answer 13

state statutes that provide procedure that compensate employee when they sustain injury while on the job, (no matter who’s at fault).

Question 14

Requirements that must be met for employee to be compensated under State workers’ compensation laws

Answer 14

1) There exists an employment relationship.

2) Employee was accidentally injured during the job, regardless of whose at fault.

Question 15

Social Security

Answer 15

Insurance provides monthly retirement benefits (payments) to old-age, survivors, and disabled individuals.

Question 16

The benefits provided by _______________ _______________ increase automatically as the ______________ of _____________ increases as well.

Answer 16

social security; cost; living

Question 17

Vesting (related to Private Retirement plan)

Answer 17

Gives employee legal right to receive pension at a future date when they stop working.

(gives employee absolute power / right).

Question 18

Electronic Monitoring: Most employers have some form of ________________ to ___________ or ___________ their employees. Many employers review their employee’s _________ _________ pages, __________, ________ _________, ______________ at work, ______________ etc.

Answer 18

surveillance; monitor; screen; social media; emails; voice mails; recordings; conversations

Question 19

Employee Privacy Protection:

____________ employees enjoy some __________ protections under _________ law and _________ constitution.

The Electronic Communications Privacy Act prohibits employers from ____________ an employees’ ______________ devices unless those devices are ____________ by the employer.

___________ employers may block certain ___________ using __________ ____________ to block sexually explicit images.

ONLY _____________ employers are _______ allowed to block such websites due to the ________ __________ Clause of the __st Amendment.

Answer 19

Private; privacy; tort; state

intercepting; communication; provided

Private; websites; filtering software

government; NOT; free-speech; 1st

Question 20

Reasonable Expectation of Privacy:

If employees are given an appropriate forewarning by the employer that their ________________ are being ____________, then they can’t reasonably expect ____________.

Also, an employee can’t reasonably expect ___________ if the devices used for communication are ____________ by the employer.

If the employer does ______ notify the employees of a general public policy, that their communications are ____________, then the employer may be held __________ for _________ of _____________.

Answer 20

communications; monitored; privacy

privacy; provided

NOT; monitored; liable; invasion; privacy

Question 21

“Closed Shop”

Answer 21

union membership is required as a condition for employment.

Question 22

“Union Shop”

Answer 22

requires worker join union after a specified period of time on the job as a condition for employment.

Question 23

Right-to-Work Laws

Answer 23

Illegalizes joining a union after a specified period of time as a condition for continued employment (union shop).

Question 24

Hot-Cargo Agreement

Answer 24

ILLEGAL agreement.

Employee voluntarily promises not to handle, use, deal w/ goods produced by nonunion employees working for other employers.

Question 25

Authorization Card

Answer 25

Card signed by employee authorizing certain union to act on their behalf in negotiations w/ management (employer).

Question 26

Strike

Answer 26

Unionized workers leave their jobs, and refuse to work.