Topic 9: Employer Responsibilities in Hiring, Retaining and Terminating Employees Flashcards
Defamation
Communicating false statements that harm a person’s reputation.
Due Diligence
Reasonable steps taken by an employer to ensure that applicants are eligible to be hired.
E-Verify
An online tool administered through the U.S. Citizenship and Immigration Services (USCIS) and used by employers to verify the validity of documents presented by new hires.
Explicit Contract
(Also known as “express contract”) A verbal or written agreement in which the parties state exactly what they agree to do.
I-9
A form enacted under the IRCA that documents employee identity and right to work in the U.S. (specifies acceptable documents).
Immigration Reform and Control Act of 1986 (IRCA)
Enacted in 1986, it prohibits employers from knowingly hiring undocumented workers and requires them to verify eligible workers within three business days of hiring.
Immigration and Nationality Act of 1952 (INA)
Enacted in 1952, it centralizes and organizes U.S. immigration law.
Mass Layoff
A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing.
Negligent Hiring
A claim in which the employer knew or should have known about an employee’s history of violence or untrustworthiness.
Negligent Referral
A claim in which an employer has provided an untrue reference that omits information about an employee’s dangerous and/or criminal behavior.
Negligent Retention
A claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.
Plant Closing
A single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.
Worker Adjustment and Retraining Notification Act (WARN)
Enacted in 1988, it gives terminated workers an opportunity to search for other employment or obtain additional training.
