• An at-will employee can be fired at anytime without liability for any reason except:
  • Implied contract exists and applies to the current arrangement
  • Tort was committed by employer as part of the firing
  • Public policy reasons
  • If an employment contract is not at-will then the employer needs to provide employee grounds for termination
  • Wrongful discharge of employee by employer is grounds for a lawsuit
  • Before bringing or initiating an employment lawsuit claim based on discrimination, an employee must generallyfile a claim first with the EEOC
  • Title VII of the Civil Rights Act of 1964 disallows discrimination in the context of employment in regards to
  • race
  • color
  • national origin
  • religion
  • gender
  • Race- has been interpreted as encompassing ancestry, cultural identification, cultural association, or perceived relationships based upon such characteristics
  • National Origin- encompasses those who are born in a certain nation or is a descendant of someone who was born in a certain nation
  • Color - encompasses a person’s skin pigmentation or the general shade of their complexion
  • What is unintentional discrimination
  • When employment practices unintentionally discriminate against a protected class
  • Examples include: educational requirements and qualification exams
  • To avoid liability, employer’s policies must
  • Be substantially related to the qualifications of the job
  • Quid pro quo
  • A raise in exchange for enduring offensive behavior based upon membership in a protected class
  • this for that
  • Hostile Work Environment
  • Workplace becomes intolerable because of harassment
  • Single incident is not enough
  • Harassment by supervisors
  • Need a tangible employment action for employer to be held liable
  • Example, manager refuses to give a raise because the employee would not perform sexual act
  • Company can be responsible for a hostile work environment unless
  • 1) Employer tried to prevent harassment
  • 2) Employee suing for harassment did not follow the employer’s remedies and policies
  • What limitations does the Fair Labor Standards Act of 1938 include?
  • Child Labor
  • Minimum wage for those in covered industries
  • Overtime
  • Workers compensation requirements
  • Employee must be on the job or acting in the course of employment
  • Employee’s accident cannot have been intentionally inflicted by the employee
  • Are Injuries sustained while commuting generally covered?
  • No
  • Norris LaGuardia Act – protects the right of workers to join a union, strike, picket or boycott
  • National Labor Relations Act makes it illegal for an employer to
  • Interfere with the formation of a union
  • Discriminate against an employee because of union affiliation
  • Refuse to collectively bargain with a union
  • National Labor Relations Board – enforces Norris act
  • Taft-Hartley Act prohibits
  • Employers from discriminating against non union workers
  • Employers from requiring union membership
  • Employees from engaging in a secondary boycott
  • A secondary boycott occurs when employees refuse to deal with a company which does not have a dispute with the union
  • Closed shops (requires union membership) are not allowed
  • Union shops (requires union membership after a certain period) are allowed