Employment Flashcards
What does “at will” refer to?
Employment is “at will” when it can be terminated by either the employer or employee for any reason or no apparent reason.
What types of discrimination are employers barred from by Title VII of the Civil Rights Act of 1964, and who does it apply to?
Discrimination based upon race, color, religion, sex, or national original. Includes pregnancy, childbirth, or a related medical condition. Applies to any employer with 15 or more employees.
Which acts prohibits discrimination based upon age, military service, or disability?
Age Discrimination in Employment Act (ADEA)
Uniformed Services Employment and Reemployment Rights Act
Americans with Disabilities Act (ADA)
Who do whistleblower laws protect?
Employees who are pursuing a legally protected right or who are disclosing truthful information believed to concern a violation of law or regulations
In what ways can an employment contract become enforceable?
Through a formal written contract, through a policy manual, and, in some cases, oral statements
What prompted Berube v. Fashion Centre, Ltd.?
Plaintiff was an assistant managed and was subjected to a polygraph following inventory shortages. Plaintiff was asked to take a second and then a third polygraph, though she was not told why and was under the impression she had passed. When plaintiff asked to delay the third polygraph, she was told to take it or be terminated. She was subsequently fired. Plaintiff also had no written contract with Fashion Centre Ltd.
How did the court rule in Berube v. Fashion Centre, Ltd.?
There are three exceptions to the at-will rule: if it contravenes public policy, if there is an express or implied contract term, and has there been a breach of the good faith covenant. The court found that the plaintiff had a claim for relief based upon indications she had a year-long contract and the lack of good faith on the part of Fashion Centre, Ltd.
What is the public policy exception to at will employment?
An employer cannot terminate an employee because that employee declined to commit perjury or do something illegal
When is termination for political partisanship allowed?
When an employee’s private beliefs would interfere with his or her duties
What prompted Garcetti v. Ceballos?
Ceballos, a deputy district attorney, became aware of a flawed affidavit that was used to obtain a search warrant. He expressed concern and recommended tossing the case. He ultimately faced retaliation via a denial of promotion and reassignment.
What test did the court use in Garcetti v. Ceballos?
The Pickering Test
- Did the employee speak as a citizen on a matter of public concern? If no, there is no 1st amendment cause for action
- If yes, did the government entity have an adequate reason for treating the employee differently from a member of the public?
How did the court rule in Garcetti v. Ceballos?
Ceballos was acting in his capacity as an attorney; therefore, there is no 1st amendment claim for action.
What act dictates minimum wage, overtime pay, child labor laws, and equal pay?
The Fair Labor Standards Act
What acts control employer retirement and health benefits?
Employee Retirement Income Security Act, FMLA, HIPAA, COBRA, and the Health Maintenance Organization Act
What types of sexual harassment exist under Title VII?
Quid pro quo and hostile work environment
