EMPLOYMENT LAW

EMPLOYMENT AT WILL Employment-at-will An employer or employee can end an employment relationship at any time, for any reason or for no reason, with or without notice. Can not discriminate Wrongful termination lawsuits

Outside of Employment at Will Unionized employees- Organization of employees formed to promote the welfare of its employees Employers cannot hire or fire union members at will Guaranteed certain wages, conditions and benefits Individual Employment Contracts- employees with a specific contract for their individual employment position Ex. Professional athletes, movie/entertainment performers, high level employees Can benefit employee but can also prevent them from leaving and working for who they want.

Outside of Employment at Will Protected Class of Employees Groups such as: Women Racial Minorities People with Disabilities Veterans Cannot be fired for a reason based on their race, color, creed, national origin or gender Law also protects employees from being fired due to age

Exceptions to Employment-at-Will To challenge a firing of an at-will employee the employee must base his/her argument on one of the following grounds: Promissory Estoppel Implied Contract Public Policy Tort Implied Covenant Lawsuits that challenge employment-at-will are called wrongful discharge or unjust dismissal suits.

Exceptions to Employment-at-Will Promissory Estoppel- bars an employer from taking back certain types of promises 4 elements must be shown to argue promissory estoppel Employer made a promise that the employee reasonably expected to rely on Employee actually relied on the promise and changed his/her position as a result Employee would not have acted as he/she did, if the promise was not made by the employer Employee was harmed (usually financial), by the employer’s refusal to honor the promise Ex. Musician to music teacher example

Exceptions to Employment-at-Will Implied Contract- a contract that exists when an employer has said, written, or done something to lead an employee to reasonably believe that he or she is not an at-will employee. Court can look at all facts involving employment relationship, not just oral promises EX. Probationary period for employment

Exceptions to Employment-at-Will Public Policy Tort- cannot fire someone if the firing will hurt the public. Employees can recover compensatory and punitive damages if he/she can prove the firing violated public policy. Ex. Firing an entire police department Implied Covenant- employment relationship based on an implied promise that the employer and the employee will be fair and honest with one another. Different from implied contract Implied covenant exists simply because the employment relationship exists Law requires employee and employer to treat one another with honesty and fair play.

What laws protect you if you are a member of a labor union? Unionized Employees What laws protect you if you are a member of a labor union?

Unionized Employees During the Industrial Revolution, workers banded together into labor unions to demand better working conditions. Governments banned unions because they felt they were destructive to the economic system During the Great Depression, in the 1930’s, government began recognizing unions and allow them to negotiate their own contracts through collective bargaining

Unionized Employees Collective Bargaining- process in which union and management representatives get together to work out issues such as wages, working conditions, and hiring and firing policies. 4 Major Union laws Norris-LaGuardia Act (1932) Wagner Act (1935) Taft-Hartley Act (1947) Landrum-Griffin Act (1959)

Unionized Employees Norris-LaGuardia Act One of the first federal laws in support of employees joining unions Outlaws Yellow Dog contracts Contract workers are forced to sign which they agree not to join a union as a condition for employment Bars the federal courts from issuing orders preventing labor strikes Wagner Act Requires employers to negotiate wages, hours, and conditions of employment with unions Created the NLRB (National Labor Relations Board) Hear complaints about unfair labor practices

Unionized Employees Taft-Hartley Act Amended the Wagner Act Officially know as the Labor-Management Relations Act Prohibits strikes that endanger the nation’s health or safety, such as air traffic controllers Allows the president to go to court to stop a strike for 80 days. Prohibits labor unions from featherbedding Requiring employers to hire more employees to a job than are actually needed Landrum-Griffin Act Also amended the Wagner Act Halts corruption in unions Unions must have constitutions and bylaws, register them with Secretary of Labor Must submit yearly reports on financial conditions (sources of revenue and loans to union members) Must have a members’ bill of rights

Unionized Employees Forming or dissolving a Union To start a Union you must Contact one of the large national unions Ex. AFL/CIO Solicit workers within the company 30% of workers must agree to contact the NLRB to organize a full vote to form a union Majority of workers must approve through a secret ballot Finally NLRB will recognize the union and employer must recognize (same process to dissolve a union)

HEALTH AND SAFETY Employee rights can be broken down into four areas: Right to health and safety protection Right to fair wages and benefits Right to privacy Right to equal opportunity in the workplace Two major federal government acts protect the health and safety of workers Occupational Safety and Health Act Environmental Policy Act

Occupational Safety and Health Act Occupational Safety and Health Association A.K.A.- OSHA Federal government agency that regulates health and safety standards for companies in the U.S. OSHA makes sure employers follow rules by: Inspecting workplaces at random Investigating written employee complaints, workplace deaths, and disasters Protects employees from being fired for filing complaints Levies fines for the rule violations

Environmental Policy Act National Environmental Policy Act Established the EPA (Environmental Protection Act) Set up a policy for fighting pollution Protect the environment and human health from exposure to hazardous chemicals and waste EPA encourages voluntary compliance by businesses Supports the efforts of state and local governments to carry out enforcement actions in their own territory EPA acts when local and state governments don’t stop companies that pollute the environment.

OHSA CASE STUDY