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22-Employment Law

Ch. 22 Employment Law Making and Terminating Employment Contracts

TermDefinition
Discharged for cause employee is discharged due to the violation of an employment obligation
Discharged without cause employee's discharge is not due to his or her conduct
Duty of loyalty and honesty requires employee to look out for the best interests of the employer
Duty of obedience requires employee to follow the reasonable orders and rules of the employer; requires agent to carefully obey the instructions of the principal
Duty of reasonable performance requires employee to perform assigned duties at the prescribed time and in the prescribed manner
Duty of reasonable skill requires employee to perform job tasks with competence
Employee party who works under the supervision of another for pay
Employer party who engages another to work for pay
Employment contractual relationship in which one party engages another to work for pay under the supervision of the party paying
Employment at will employment relationship whereby employee may be discharged at any time because no agreement was made about length of employment; alternately, employee may quit the job at any time without liability for breach of contract
Independent contractor one who contracts to do something for another but is free of the latter's direction and control
Payroll deductions money deducted from an employee's paycheck
Unemployment compensation government payments to those who recently lost their jobs through no fault of their own
Workers' compensation payment employer makes to an insurance fund that compensates employees for injuries that occur on the job
Wrongful discharge firing an employee in retaliation for reporting violations of law by the company
Express agreements oral or written documents that describe all the elements of the employment relationship especially compensation, fringe benefits, and/or duration of the job or the time required for notice of termination.
Implied agreements work practices that are largely determined by custom or trade practice or the way the employers supervise their employees.
Material breach a cause for termination when the obligations of the employment contract are not met - it extinguishes the obligations of the other party to the contract (can be done by either the employee or employer)
Public employees or government employees are generally entitled to due process before being discharged.
Due process usually required to terminate public employees requires that there be notice of the reasons for discharge and a hearing. during the hearing they are given the opportunity to present their own evidence and challenge the claims of the employer.
Reasonable treatment a duty owed to employees that they are not subject to "torts" while on the job (ex. assult or battery) and the employee can quit w/o breach of contract/liability. The employee can also sue for damages.
Safe working conditions a duty owed to employees that are given save tools, equipment, machinery, and working environment. An employees health, safety, morals, or reputation cannot be harmed. Employees can quit w/o liability.
Fair Labor Standards FLSA enacted in 1938 establishing the minimum wage and maximum hours before overtime. Not all employees are covered by FLSA - exemptions include executives, administrators, professional workers and there is only a partial application ot seasonal workers.
FICA Federal Insurance Contribution Act - a mandatory deduction from an employees paycheck for social security
Military Selective Service Extension Act of 1950 that certain military persons be re-employed by their former employer after honorable discharge for the service.
FMLA Family Medical Leave Act - requires that a covered employer grant to an eligible worker up to 12 weeks of unpaid leave
Created by: mamasm
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