Topic 1: The Nature of the Employment Relationship Flashcards
20-factor Analysis
A guide adopted by the Internal Revenue Service for determining if a worker should be classified as an independent contractor.
ADEA
Age Discrimination in Employment Act
Agency
A contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with power to bind the principal.
Arbitration
A procedure for resolving collective bargaining impasses by which an arbitrator (third party) choose a solution to the dispute.
Common Law
Principles developed over centuries as a result of legal decisions made by judges in individual cases.
Common Law Agency
A test that classifies a worker as an employee if the employer maintains the right to control the method of work performed.
Constructive Discharge
Resignation of an employee because an employer allows working conditions that are no longer tolerable for any reasonable employee.
Contract
A legally binding agreement between two parties.
Covenant of Good Faith
A presumption that each party in a contract will deal with each other in good faith and fairness.
Covered Employer
An employer that is engaged in a commerce industry and employs fifteen or more employees.
Covered Employment Agency
An agency that regularly procures employees for at least one covered employer; subject to employment law regulation.
Dual Purpose Mission
Occurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee’s actions
Economic Realities Test
A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer.
Employee
One who performs services under the direction and control of another.
Employer
One who employs the services of others in exchange for wages.
Employment-at-will Doctrine
The predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability.
Frolic and Detour
An employee’s physical departure from the job in order to further his or her own interests and not the employer’s.
Going and Coming Rule
A legal principle that removes an employer’s liability from employees’ actions going to and from their place of employment.
IRCA
Immigration Reform and Control Act
Implied Contract
A legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee.
Implied Covenant of Good Faith and Fair Dealing
A presumption that each party in a contract will deal with each other in good faith and fairness.
Independent Contractor
A worker who is not subject to wage, discrimination, tax, or liability laws.
Integrated Enterprise
A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.
Intentional Infliction of Emotional Distress
An employee’s claim that an employer terminated an employee in an intentionally reckless or outrageous manner that caused serious emotional and psychological damage.
Intentional Interference with a Contract
An employee’s claim that a third party pressures the employer to terminate an employee without cause.
Joint Employer
Two entities, not engaged in an integrated enterprise, that each exert control over an employee.
Joint Ownership
Right of ownership shared by two or more owners such that on the death of an owner his or her right passes on to surviving owner(s), the last survivor becoming the full owner.
Judicial Review
The power of the Supreme Court to consider whether a law complies with the Constitution.
Law
A binding set of rules for human behavior established by legitimate authority.
NLRA
National Labor Relations Act
Precedent
A controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases
Progressive Discipline
Performance management tool designed to modify employee behavior by using a set of increasingly severe discipline steps, with consequences, that hold the employee responsible.
Public-policy Exception
A rule of exception to the employment at-will doctrine that states that an employer cannot terminate an employee for reasons that violate public policy.
Retaliatory Discharge
Termination of an employee as punishment for engaging in a protected activity.
Scope of Employment
Employee conduct that is reasonably relative to a job description.
Stare Decisis
(Latin for “let the decision stand”) the doctrine of a court following the precedent of an earlier court
Statute of Frauds
A doctrine that requires certain contracts to be in writing.
Supremacy Clause
Article VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
Tort
A civil wrong which causes someone harm.
U.S Constitution
Established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens.
USERRA
Uniformed Services Employment and Reemployment Rights Act
Vicarious Liability
A form of secondary liability that comes from the doctrine of respondeat superior – “let the master answer for the servant”.
