Presentation on theme: "Chapter 20.1 Employment Relationships PRE-LEARNING QUESTIONS: Answer on a sheet of paper (not to turn in) List at least 5 jobs people have that may be."— Presentation transcript:
Chapter 20.1 Employment Relationships PRE-LEARNING QUESTIONS: Answer on a sheet of paper (not to turn in) List at least 5 jobs people have that may be part of a union. List 3 rights & duties of an employer. List 3 rights & duties of an employee.
Employment Law Chapters 20 & 21
Chapter 20.1 Employment Relationships Why should I know Employment Law? Understanding the nature of at-will employment will help you determine whether your rights have been violated if you are discharged by an employer. Understanding the nature of at-will employment will help you determine whether your rights have been violated if you are discharged by an employer.
Chapter 20.1 Employment Relationships What You Will Learn This Chapter How to define employment-at-will How to define employment-at-will Identify those situations that fall outside at-will employmentIdentify those situations that fall outside at-will employment Identify exceptions to employment-at-willIdentify exceptions to employment-at-will Distinguish between implied contract & implied covenantDistinguish between implied contract & implied covenant
Chapter 20.1 Employment Relationships Employment At Will Employment-At-Will is the general rule governing employment in most states. It means an employer is permitted to discharge an employee at any time for any or no reason with or without notice. The same holds true for the employee. Each has free will.
Chapter 20.1 Employment Relationships Employment At Will If an employee did not have free will to leave as they choose they would be a slave. Employment-at-will allows both parties to leave the employment arrangement at any time.
Chapter 20.1 Employment Relationships Employee Unions Employment-at-will does not apply to employees protected by a union. Union is an organization of employees that is formed to promote the welfare of its members. The contract of a union employee is called a collective bargaining agreement. These contracts are negotiated between the employer and representatives of the union.
Chapter 20.1 Employment Relationships Collective Bargaining Agreement Items that are covered in this type of contract typically include: Working ConditionsPromotions WagesRetirement/401(k) BenefitsSeverance Pay Job SecurityFiring Procedures LayoffGrievance procedures
Chapter 20.1 Employment Relationships Grievance Procedures Grievance procedures are established steps an employee must follow to appeal a decision made by an employer if the employee thinks the employer violated the collective bargaining agreement.
Chapter 20.1 Employment Relationships Severance Pay & Layoffs Having a collective bargaining agreement and being in a union does not guarantee you have a job. The economy can cause layoffs and plant closings. Should you be laid off or your job closes you can be given severance pay which is a set amount of $$ compensated to employees for being discharged. It is meant to help employees through the time they are unemployed.
Chapter 20.1 Employment Relationships Illegal Discrimination No one, no matter what type of contract they have, can be discharged for a reason that is discriminatory in nature. Discrimination = treatment based on a category/class not an individual person’s merit Civil Rights Act of 1964 created 5 Protected Classes (Today there are 7) 5 Protected Classes: RaceColor CreedGenderNational Origin
Chapter 20.1 Employment Relationships Illegal Discrimination Another class was protected later on by the Age Discrimination Act which protects people from being fired or discharged based on their age
Chapter 20.1 Employment Relationships Rights & Duties of Employers & Employees Every employer and employee has certain mutual (similar) expectations in their working relationships. Employee Right: To be able to make reasonable complaints Employee Duties: To be loyal, honest, dependable To abide by the rules set up by employer
Chapter 20.1 Employment Relationships Rights & Duties of Employers & Employees Employer Rights: To expect employees to have experience, skills and education they claim to possess To provide a reasonable amount of work within a reasonable amount of time To tell employees what tasks to perform & how to perform them Employer Duties: To provide regular pay To provide a safe work environment & safe tools To provide job training & opportunities to earn promotions
Chapter 20.1 Employment Relationships Exceptions to Employment-at-Will Remember: Employment-at-will states the employer can discharge an employee at anytime for any reason! Sometimes terminating an employment contract under the doctrine of employment-at-will will result in injustices and courts will challenge the doctrine.
Chapter 20.1 Employment Relationships Exceptions to Employment-at-Will Remember: Employment-at-will states the employer can discharge an employee at anytime for any reason! Sometimes terminating an employment contract under the doctrine of employment- at-will will result in injustices and courts will challenge the doctrine = wrongful discharge which is unjust dismissal or termination.
Chapter 20.1 Employment Relationships Wrongful Discharge 5 Things the Court will Consider in Wrongful Discharge tort cases: 1. Promissory Estoppel 2. Implied Contract 3. Public Policy Tort 4. Intentional infliction 5. Implied Covenant
Chapter 20.1 Employment Relationships Promissory Estoppel Promissory Estoppel = When a promise that was relied upon by employee was stopped on the part of employer. 4 Elements : 1.Employer makes promise that employee reasonably expected to rely upon 2.Employee relied upon promise of boss to do/not do something 3.Employee would not have acted/refrained from action if it had not been for employer’s promise 4.Employee was harmed by employer’s failure to honor promise
Chapter 20.1 Employment Relationships Implied Contract The exception of Implied Contract occurs when an employer has said, written or done something that leads employee to reasonably believe that he or she is not an at-will employee However, a contract can contain a disclaimer which is a statement that holds that regardless of any provisions or promises to the contrary an employment-at-will situation still exists.
Chapter 20.1 Employment Relationships Public Policy Tort Most states now allow fired employees to recover compensation if they can prove the firing violated public policy. Public policy holds that no one should be allowed to do anything that tends to hurt the public at large.
Chapter 20.1 Employment Relationships Intentional Infliction/Emotional Distress Some states allowed discharged employees to bring a tort lawsuit against their former employers for intentional infliction of emotional distress. However an employer’s conduct must be extremely outrageous to qualify as such.
Chapter 20.1 Employment Relationships Implied Covenant The implied covenant principle holds that any employment relationship is based on an implied promise that the employer and employee will be fair and honest with one another. Unlike implied contract, this covenant exists simply because the employment relationship exists.