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22-Employment Law
Ch. 22 Employment Law Making and Terminating Employment Contracts
| Term | Definition |
|---|---|
| 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 |
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