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Learning GoalTo be able to identify situations
that fall outside the doctrine of Employment-at-Will.
Employment-at-Will
Employer is allowed to discharge an employee at any time, for any or no reason, with or without notice
General rule in most statesEmployees not free to leave would be considered slaves
Doesn’t apply in certain situations
Unionized Employees
Union Organization of employees formed to promote the welfare of its members
Includes a Collective Bargaining AgreementA contract agreed on by the Employer & the Labor Union
Collective Bargaining Agreements
Issues Concerning: Working conditions Wages Benefits Job security Layoffs Firing Policies Grievance Procedures
Grievance Procedures: Establishes a series of steps that
an employee must follow to appeal the decision of an employer who may have violated the collective bargaining agreement.
Collective Bargaining Agreements
Layoffs & Plant Closings
Due to Economic conditions, Union’s cannot guarantee an employee a job for life
Severance pay can be included in CBA Set amount of money paid during
unemployement Calculated by:
PositionSalaryVariety of other factors
Layoffs & Plant Closings
Federal Government Legislation: WARN: Worker Adjustment &
Retraining Notification Act
Requires 60 day advance noticeCompanies with more than 100 workers
Ex: O’Sullivan’s in Lamar, MO
EMPLOYERS
Rights & Duties include: Regular pay Safe work environment Appropriate job training Opportunities for raises &
promotions Safe tools Able to make reasonable
complaints
EMPLOYEES
Rights & Duties Experience, Education, & Skills Reasonable amount of work in a
reasonable amount of time Loyal Honest Dependable Abide by the rules
Exceptions to Employment-at-Will
Wrongful Discharge Provides employees with grounds for legal
action
5 Standards for considering unjust terminationPromissory estoppelImplied contractPublic policy tortIntentional infliction of emotional distressImplied covenant
1. Promissory Estoppel
4 Elements:1. Employer makes a promise that the
employee is expected to rely upon2. Employee relies upon the promise &
does or doesn’t do something3. Employee ordinarily would not have
acted or refrained from acting had it not been for the promise
4. Employee is harmed by the employer’s failure to honor the promise
2. Implied Contract
When an employer has said, written, or done something to lead the employee to reasonably believe that he or she is not an at-will employee.
3. Public Policy Tort
No one should be allowed to do anything that tends to hurt the public at large.
4. Intentional Infliction of Emotional Distress If the discharge of an employee caused severe mental and emotional trauma, the employee could bring a lawsuit.
Must be extremely outrageous to qualify
5. Implied Covenant
Based on an implied promise that the employer & employee will be fair & honest with one another
Learning GoalTo be able to identify situations
that fall outside the doctrine of Employment-at-Will.
Wagner Act
1st law establishing guidelines for determining which employment concerns had to be included in the Collective Bargaining Agreement.
wages, hours, & conditions
Taft-Hartley Act
Created to equalize the power of labor and management.
Unions must provide a 60-day notice before a strike
President may stop a strike!
Taft-Hartley Act Closed shop – Must be a Union
member before being hiredIllegal
Union shop –Must join the Union within 30 days after being hiredAllowed in some states
Featherbedding – Union assigning more employees to a job than neededIllegal
Landrum-Griffin Act
Created to stop corruption in Unions
Must register constitutions & bylaws
Submit yearly financial reports “Bill of Rights”
Employment of Minors
In the industrial revolution, children were often exploited by employers. Dangerous work Low wages
Thus Child Labor Laws were established
Child Labor Laws States:
Limited hours worked Cannot be around dangerous
machinery Allow for work permits
Federal: No trade allowed for any goods
produced with “oppressive child labor”
Health & Safety
OSHA (Occupational Safety & Health Administration) Federal agency that sets safety & health standards for U.S. companies
All businesses engaged in interstate commerce must meet OSHA standards
OSHA Inspections
Done randomlyWhen Death, Disaster, or Complaint filed Cannot be fired for a complaint!
Fair Wages & BenefitsWage & Hour Law
Requires certain employers to pay their employees a legal minimum hourly wage rate, plus time-and-a-half for work in excess of 40 hours per week.
Fair Wages & BenefitsEqual Pay Rule (Act)
States that employers must pay women the same rate of pay as men holding the same type of job
Fair Wages & BenefitsPension Plan
Program established by an employer or a union that is designed to provide income to employees after they retire
Fair Wages & BenefitsFamily & Medical Leave Act Employees entitled to 12 weeks of leave:Birth or adoption of a childSpouse, child, or parent with serious medical conditions
Must work for 1 year
Fair Wages & Benefits Social Security
Gov’t program that provides continuing but limited income to workers & their dependentsFunded by employee & employer
Receive when:Earnings stop or reduceRetirementDeathDisabled
Fair Wages & BenefitsUnemployment Compensation System of gov’t payments to people who are out of work & looking for a job
Fair Wages & BenefitsWorker’s Compensation
Insurance program that provides income for workers who are injured or who develop a disability or disease as a result of their job
Privacy Rights
Employee Polygraph Protection Act Employers cannot use lie detector
tests for screening applicants or for random testing of employees
Exceptions:Drug firmsPrivate investigation companies
Discrimination The unequal treatment of
individuals based on sex, age, race, nationality, or religion
Regulated by: Civil Rights Act of 1964 & 1991 Age Discrimination Act Americans with Disabilities Act Pregnancy Discrimination Act
Disparate Treatment Intentional discrimination
against an individual or a group because of sex, race, color, national origin, or religion.
“We do not hire female engineers” “We do not hire male nurses”
BFOQBona Fide Occupational Qualification Example: women to model women’s swimsuits
Can NEVER be raised to justify a discrimination based on race
Disparate Impact Unintentional discrimination
due to policy of employer that on the surface seems neutral, but which has an unequal & unfair impact on members of a protected group Must weigh 150 lbs Must be 6 foot tall
Business necessity If the employer can show that a
qualification is required to perform the job, then it may be permitted despite its disparate impact on a protected group
Sexual Harrassment Quid pro quo harassment
Occurs when 1 worker demands sexual favors from another worker in exchange for some employment-related decision (raise or promotion)
Hostile working environment When a pattern of severe & pervasive
sexually demeaning behavior has altered the work place, making it distressing, humiliating, or hostile place
Jokes, photos, cartoons, posters, gestures, etc.
Age Discrimination in Employment Act
Forbids discrimination against any person aged 40 or older
Hiring & firing Promotions Retirement & Pensions