Seminar One 1

Please read the course syllabus carefully Wednesday to Tuesday weeks Weekly assignments, different each week ( Late assignments Seminars on Thursdays at 9 pm Eastern 2

Seminar One Discussion Board grading rubric: Post on at least three different days each week Initial response and responses to 3 to 5 class members Substantive posts Written Assignment grading rubric: Organized and clear writing Grammar, mechanics and word selection Answer all questions, address all issues 3

Seminar One Week One assignments: Introductions Discussion Board – are employee handbooks employment contracts? Assignment – what should be asked and what cannot be asked in employment interviews Seminar 4

Seminar One Employment relationships are based on contract, and that relationship raises a number of legal issues One of those issues involves the concept of agency, that an employer grants an employee certain authority to do certain things on behalf of the employer But that grant of authority means that the employee who is exercising that authority can make the employer responsible for both contract and tort laibility 5

Seminar One Distinguish employees from independent contractor Independent contractors impose less liability on employers for their actions The determination of employee or independent contractor turns on a number of factors that come down to the amount of control that the employer has over the employee/independent contractor 6

Seminar One The concept of agency (that transfers some authority from employer to employee) imposes responsibilities on both the employer and the employee Employer responsibilities Compensation Good faith Safe working conditions Employee responsibilities Loyalty Good faith Accounting 7

Seminar One Agency may make the employer liable for the actions of employees who are acting “within the scope of their employment”: Contractual liability Tort liability 8

Seminar One Non-compete agreements – reasonableness in time and location Non-disclosure agreements – what does the employer need to protect? Relief Damages Injunctions 9

Seminar One Civil Rights Act, Title VII prohibits discrimination in employment, but only on the basis of gender, race, color, religion, or national origin Supplemented by the Americans With Disabilities Act (prohibits discrimination in employment on the basis of disability) and the Age Discrimination Act (prohibits discrimination in employment on the basis of age) Prohibited discrimination in recruiting, selection, hiring, compensation, promotion, training, and termination 10

Seminar One Testing Legitimate purpose Aptitude tests Residency tests Physical/skills tests Personality/integrity tests Lie detector tests Psychological tests Medical exams Drug testing 11