Chapter 15: Employment, Immigration, and Labor Law Flashcards
Employment At Will (Common Law Doctrine)
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.
3 Exceptions to Employment at Will
1) Contract Theory
2) Tort Theory
3) Public Policy
Exception based on Contract Theory
- 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.
Exception based on Tort Theory
Abusively discharging an employee may lead to action by employee under tort theory for damages for intentional infliction of emotional distress.
Exceptions based on Public Policy
Can’t fire an employee for reasons that violate public policy within a jurisdiction.
Whistleblowing
employee discloses to the public that govt authorities / upper-level management currently engages in illegal activity.
Wrongful Discharge
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).
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:
- To care for __________ within ________ year of _________.
- To care for __________ child within ________ year of his/her placement in employee’s __________.
- To care for ___________, ____________, or ______________ with a serious ______________ condition.
- If employee ____________ from serious _____________ condition, rendering him unable to perform the job.
- If qualifying ______________ (purposes needed to be attended to) arise from a _____________ , _______________, or ______________ being in the _________________.
- newborn; one; birth
- adopted; one; home
- spouse; child; parent; health
- suffers; health
- exigencies; spouse; child; parent; military
Minimum Wage
Lowest wage offered by government / union contract the employer pays an hourly worker.
If the _____________ minimum wage is ______________ than the ____________ minimum wage, then the employees is entitled to receive ______________.
state; greater; federal; more
Legislation protecting health and safety of employees?
Occupational Health, and Safety Act
Occupational Health and Safety Act requires that…
employers keep the workplace safe under certain standards.
State worker’s compensation laws
state statutes that provide procedure that compensate employee when they sustain injury while on the job, (no matter who’s at fault).
Requirements that must be met for employee to be compensated under State workers’ compensation laws
1) There exists an employment relationship.
2) Employee was accidentally injured during the job, regardless of whose at fault.
Social Security
Insurance provides monthly retirement benefits (payments) to old-age, survivors, and disabled individuals.
The benefits provided by _______________ _______________ increase automatically as the ______________ of _____________ increases as well.
social security; cost; living
Vesting (related to Private Retirement plan)
Gives employee legal right to receive pension at a future date when they stop working.
(gives employee absolute power / right).
Electronic Monitoring: Most employers have some form of ________________ to ___________ or ___________ their employees. Many employers review their employee’s _________ _________ pages, __________, ________ _________, ______________ at work, ______________ etc.
surveillance; monitor; screen; social media; emails; voice mails; recordings; conversations
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.
Private; privacy; tort; state
intercepting; communication; provided
Private; websites; filtering software
government; NOT; free-speech; 1st
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 _____________.
communications; monitored; privacy
privacy; provided
NOT; monitored; liable; invasion; privacy
“Closed Shop”
union membership is required as a condition for employment.
“Union Shop”
requires worker join union after a specified period of time on the job as a condition for employment.
Right-to-Work Laws
Illegalizes joining a union after a specified period of time as a condition for continued employment (union shop).
Hot-Cargo Agreement
ILLEGAL agreement.
Employee voluntarily promises not to handle, use, deal w/ goods produced by nonunion employees working for other employers.
Authorization Card
Card signed by employee authorizing certain union to act on their behalf in negotiations w/ management (employer).
Strike
Unionized workers leave their jobs, and refuse to work.
