Chapter 20 Chapter 20

Employment Law

Employment-At-WillEmployment-At-Will

According to this doctrine, an employer is permitted to discharge an employee at any time, for any or no reason, with or without notice.

Both parties are free to leave an employment relationship

Labor-Management RelationsLabor-Management Relations

Union: organization of employees formed to promote the welfare of its members.

Collective Bargaining Agreement: a contract negotiated by the employer and representatives of the union

Working Conditions Wages Benefits Job Security Layoff and Firing policies

Grievance Procedure: a series of steps employees must take to appeal an employer’s decision they feel violates just cause.

Layoffs & Plant ClosingsLayoffs & Plant Closings Collective Bargaining Agreements do not guarantee a job for

life.

They may however provide for severance pay in the case of a layoff or closing.

Worker Adjustment & Retraining Notification Act (WARN)This compels some companies to give employees at least 60 days notice of a factory shut down or massive layoff. Only affects companies with 100+ workers.

Illegal DiscriminationIllegal Discrimination

Civil Rights Act of 1964Race, Color, Creed, National Origin, or Gender

Age Discrimination in Employment Act

Professional Employment Contracts Professional Employment Contracts

Employers expect Employees:To have the skills and experience they claim to have Reasonable amount of work To be loyal, honest, dependable, and abide company rules

Employees expect: To be paid regularly To work in a safe environment To be taught how to do their job To be treated fairly Opportunity for raises and promotions

Terminating the Relationship Terminating the Relationship

If the contract does not state the length of employment, it can be terminated at any time.

Exceptions??? Wrongful Discharge (Unjust dismissal): provides employees with grounds for legal action against employees who have treated them unfair.

Five Standards to Judge: Five Standards to Judge: Promissory Estoppel: See p. 437

Implied Contract: employer has said, written, or done something to lead the employee to reasonably believe that he or she is not an at-will employee.

Public Policy Tort: must prove his/her firing hurt the public at large

Intentional Infliction of Emotional Distress: See p. 441 Example 5

Implied Covenant: in any employment relationship there is an implied promise that the employer and the employee will be fair and honest in their dealings.

Legislation Affecting EmploymentLegislation Affecting Employment

Wagner Act (1935) Wagner Act (1935)

National Labor Relations Act

To encourage collective bargaining, discourage unfair labor practices and provide federal assistance in obtaining fair bargaining.

Taft-Hartley Act (1947) Taft-Hartley Act (1947) Labor-Movement Relations Act Tried to equalize the power of

labor and management 60 day “cooling off” period Closed shops illegal Union shops are allowed Outlaws featherbedding

– The practices of assigning more employees than are actually needed to a job.

Landrum-Griffin Act (1959)

Landrum-Griffin Act (1959)

Labor Management Reporting and Disclosure Act

To stop corruption in unions they must register their constitutions and bylaws with the Security of Labor

Regulating the Employment of Minors Regulating the Employment of Minors

Child Labor Laws: control the work that children are permitted to do

1842: Massachusetts limited children under 12 to 10 hours per day

1880: Only a few states had laws

1930: 44 states had laws dealing with non-manufacturing occupations

1934: Conference on labor Legislation adopted a set of standards

Fair Labor Standards Act of 1938 Fair Labor Standards Act of 1938

Updated in 1974.

Prohibits the interstate or foreign shipment of any goods produced in factories with “oppressive child labor”

Oppressive Child: any minor under 16 (under 18 for dangerous work)

Exceptions??? Exceptions??? Children working in agriculture after school hours Child actors

Children working for their parents in jobs other than manufacturing

Children delivering newspapers