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378 Ch 8 Employer-Employee Relations
Terms in this set (23)
At will doctrine
(non Collective Bargaining Agreement-no relationship to union employees): Employed at will and employer can fire you without cause. And you can leave anytime you want. The employer can terminate the employment relationship and vise versa.
Legal waiver in apps
allowing employer to run a background check, take a blood sample, run a credit check
Felony vs. Arrested
-Arrested: Cannot ask someone in a general occasion if they've been arrested. Ex: ticket, citation.
-Felony: In some states you can ask if they have a felony.—important for negligent hiring.
you can run a background check as long as you follow the federal laws. Ex: calling the last employer.
Don't put something false on your resume, you can be terminated.
(lie detector): can't give a personal polygraph, but can for certain jobs you can such as the FBI.
Forms for non- US Citizen.
1964 Civil Rights Act (Commerce Clause):
prohibits employment discrimination on the basis of race, color, religion, sex or national origin.
- It creates this new area of law called discrimination employment. The commerce clause of the US Constitution is what Congress used to pass the law.
-Ex: small restaurant in Tennessee and not hiring colored people. US Congress says that's not right. Anything that affects commerce/any state, the fed government can regulate.
-EEOC (Equal Employment Opportunity Commission): an agency of the Dept of Labor that monitors discrimination
-DFEHA (Dept of Fair Employment and Housing Agency
cannot discriminate someone because of a disability.
Defamation (intentional tort)
untrue fact or false statement made to an unrelated 3rd party that causes you damages.
spoken defamation (Ex: over the phone-false spoken recommendation)
written defamation (Ex: email-writing a recommendation that is not true)
Drug Free Work Place
The employer can have a drug free work place. They can test you only at certain times (if you get into accident when driving a shuttle van). You have a right to privacy in your body.
Terminating of Employee
1. At Will
The employer can terminate the employment relationship and vise versa.
2. Protected class
terminating an employee that is a member of the protected class (female employees, disabled employees, minorities).
-If they fired you because you are a member of the protected class, it is an act of discrimination. They promoted all the men except the one woman. Therefore the woman leaves.
3. Constructive discharge
didn't terminate, but the employee forced to quit. Ex: Everyone got promotions, everyone else got new uniforms, but you. It is an actual cause of action.
4. Whistle Blowers
When an employer is doing something the employee believes is wrong, they'll call the police or call somebody else. It may be internal. Larger employers have internal grievance you can call (1-800); you can internally report for bad conduct.
-Ex: Supervisor is using the corp. credit card for personal use. Gives rise to another action which leads to termination.
getting your job back at the place you got fired from.
2. Back pay
It includes wages, salaries, bonuses, and benefits lost because of an unlawful dismissal or discrimination. It is the difference between what an employee was paid and the amount she should have been paid.
3. Punitive damages
A monetary amount assessed to punish liable parties and to serve as an example to the liable party as well as others not to commit the wrongful act in the future.
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