Tort: A breach of legal duty that causes harm or injury to another person. Torts relevant to Employment Law include negligence, defamation, invasion of privacy, infliction of emotional distress, wrongful discharge in violation of public policy
Employment-at-Will: The legal doctrine that allows the employer to terminate employment for cause or for no cause.
Exceptions to employment at will: Implied employment contract: inferred by employer in words or writing, Public Policy: company acted in bad faith, malice, or retaliation (employee was asked to commit crime, Breach of Implied Covenant: of good faith and fair dealing such as promised a bonus then fired to avoid paying
Scope Of Employment: Relate to the work the employee was hired to perform, Take place substantially within the workplace and during working hours, Serve, at least partially, the interests of the employer
Exceptions: Employers may also be liable for harmful actions of their employees that are outside the scope of employment if: The employer intended the harm to occur, The employer was negligent or reckless in allowing the harm to occur, The harmful actions were aided by actual or apparent authority conferred on the employee by the employer
Elements of a Contract: offer, acceptance, consideration, legality, capacity, consent, writing
Non-Compete Agreement: Agreement which limits the ability of a worker to enter into competition with a former employer for a reasonable time after termination. (Time limit, distance, who, intellectual property)
Collective Bargaining Agreement (CBA): The negotiations over conditions and terms of employment between representatives of a work force and its employer
Individual Employee Contract:
Independent Contractor: A person doing work who is in business for herself and not dependent on a particular employer to engage in this line of work. (pg. 623 see chart)
Master/servant relationship: The servant works at the direction of the master and engages in work for the benefit of the master. In return, the master compensates the servant for his or her labor. The master is responsible for the servant’s actions because the master chooses the servant, trains the servant in his or her duties, and supervises the servant’s labor.
Principal/agent relationship: An agent is one who is authorized to speak for or to act in place of another person. Statements made by supervisors to employees can often be considered contracts.
Vicarious Liability or Respondeat Superior: Obligation that arises from the relationship of one party with another. For example, a principal is generally liable for the agent's acts performed in the course of the agent's duties assigned by the principal; and an employer for the action or inaction of an employee in the normal course of her or her employment or duties
Adverse or Disparate Impact: A condition that occurs when a seemingly neutral employment policy creates a disadvantage to a protected class of individuals
The National Labor Relations Act (NLRA): Law enacted by congress in 1935, designed to protect employee and employer rights, encourage collective bargaining and prevent certain management policies that can cause problems for the welfare of businesses, workers, and the US economy.
The Fair Labor Standards Act of 1938 (FLSA): Federal legislation that protects workers from unfair labor practices such as unequal pay, excessive work hours, lack of overtime compensation, and unsafe working conditions in the United States. This act is occasionally amended to provide additional protection for workers as more unfair practices are revealed. This act includes a very important section that protects children from unfair conditions that were abundant during the 1800s and early 1900s. FLSA established the legal working age for children and outlined procedures that must be followed if a child under 16 is employed. (FMLA) Family medical leave act: A federal regulation that requires all public and private employers with 50 or more