1. Chapter 22
By Reed, Noah, Thomas, and Ryan

2. Employment Laws 22-1 - Making and Terminating Employment Contracts
22-2
- Duties of Employers and Employees

3. Goals 22-1 - Describe how employment contracts are made
- Explain how employment contracts are terminated
22-2
- List an employer’s duties
- Name an employee’s duties

4. 22-1 Employment
- Employment is a legal relationship based on a contract that calls for one individual to be paid for working under another’s direction and control
- The party who pay’s someone in order to direct and control that persons activities is the employer
- The party paid by the employer to serve under their direction and control is the employee

5. Creating Contracts - Terms of employment contracts
Express agreements between employer and employee
Implied agreements between employer and employee
State and Federal Law

6. Termination By Performance Completion of Job or running of the period
By Termination at Will
Length of time not specified

7. Limitations Wrongful Discharge Violation of Contract Terms
Refuse to commit perjury
Insist on filing a workers compensation claim
Report violations of law by the company
Urge company to comply with the law
Violation of Contract Terms
Cannot fire without fair reason
Government Employees
public employees-require due process-hearing

8. Limitations By Material Breach Breach of contract
Unemployment Compensation
Discharged without cause
Discharged for cause
Unemployment compensation

9. What’s Your Verdict
Jin was asked to stay after work one evening to assist in moving some barrels containing a toxic chemical onto a truck. A forklift tine punctured one of the drums causing a large spill. The company supervisor used a garden hose to wash material down a city drain. No report was made of the incident to the EPA. When dead fish were discovered in a nearby river and an official investigation followed, the company asked Jin to lie about what he’s seen. When he refused, he was terminated.
In a state that allows employment contracts to be terminated at will, does Jin have any legal recourse against his employer?

10. Verdict
When an employer fires an at will employee for one of the reasons below it commits the tort of wrongful discharge.
Refuse to commit perjury
Insist on filing a workers compensation claim
Report violations of law by the company
Urge company to comply with the law
Jin would be able to sue his ex-employer for such a wrongful discharge.

11. 22-2 Employer’s Duties Duties owed to employees
Reasonable treatment (be nice, don’t hurt them)
Safe working conditions
Employee may quit without breaching contract
Fair Labor Standards (no more than 40 hrs per week)
Payroll deductions (government programs financed by payments made by employees)

12. Employer’s Duties Duties Owed
Military Service (employees who are part of the armed services are not discriminated against)
Voting (time off to vote)
Family/Medical Leave (up to 12 weeks of unpaid job protected leave w/in 12 months)

13. Employer’s Duties Duties owed to minors Basic principles
Early years best for education
Certain work is dangerous for young people
Takes jobs from adults
State Laws (usually minimum age for employment/max hours)

14. Employer’s Duties Duties owed to minors
Lots of different restrictions for different states
Federal Law (can’t work under the age of 14)
Duties owed to those injured by employees
If acting w/in scope of employment, employer is liable

15. Employee’s Duties Fulfill Employment Contract Duty of Obedience
Fulfill express terms of contract as well as implied agreements
Duty of Obedience
Duty to obey reasonable orders and rules
Duty of Reasonable Skill
Those who accept work possess the skill/experience necessary

16. Employee’s Duties Loyalty and Honesty Reasonable Performance
Employee is obligated to look out for the employer's best interests
Reasonable Performance
Perform the job tasks with competence

17. What’s Your Verdict?
Mel was hired by the Critical Care Construction Company as an expert welder to help assemble sterile stainless steel tanks for the transport tuck of ingredients for various food products. To ensure no impurities could enter the tank once it was placed in operation, each weld was x-rayed after completion. When more than 70 percent of Mel’s welds were found to be improperly done, he was discharged by the company.
Did Critical Care act legally?

18. Verdict Under the duty of reasonable skill:
*Those who accept work possess the skill/experience necessary
Mel could be fired for the lack of reasonable skill.