EMPLOYMENT LAW

 Describe the rights and responsibilities of employees and employers.  Identify federal, state, and local laws and agencies dealing with employment.  Identify the legal ground for employee termination. OVERVIEW OF TODAY

 About __ percent of people aged _____ were employed for the month of July  Raise your hand if you have a job.  When you got your job, did you _____ to work for a certain amount of time?  In America, when you __________ at a new job, there is typically _________________ of the job. EMPLOYMENT “AT WILL”

In jobs where you don’t have a specific amount of _____ for the job, the general rule is that your ________ can ___ you ______, for _______________. EMPLOYMENT “AT WILL”

 ______, __________, and _______ are all based on this principle: you _________ for ________ at _____ under most employment contracts. EMPLOYMENT “AT WILL”

Employee Privacy… 1.What you do on your __________ 2.__________ EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

 Employer regulation of your free time. Jim and Karen are dating. Karen leaves Dunder Mifflin to work for Staples. David Wallace tells Jim he needs to break up with Karen or be _____. Jim ________ to break up with Karen. David Wallace fires him. EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

 Employer regulation of your free time. Can David fire Jim for dating Karen? __________. EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

 Employer regulation of your free time. What if David had told Jim _______ Pam, Jim’s coworker. Could David fire Jim for _______ Pam? ___. Patton v. J.C. Penney (Oregon 1986). EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

 Employer regulation of your free time. What if, after Jim ________ Pam, Jim has an _____ with Leslie from Parks and Recreation. Can David _____ him for that? ____. Staats v. Ohio National Life Insurance (W.D. Pa. 1985). EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

 Employer regulation of your free time. What if Jim _____ into the office and found Michael having an ______ with Erin, his secretary. Could David ____ Jim for that?  ____. Hillenbrand v. Evansville (Ind. Ct. App. 1983). Could David fire Michael for that?  Yes. Rogers v. IBM (1980). EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

Other things employers can fire you for doing away from work:  _________ at the AIDS foundation Brunner v. Al Attar (1990)  Going to __________ Scroghan v. Kraftco (1977)  _________ Grusendorf v. Oklahoma City (1987) Smokers 34% more absenteeism, 40% more occupational injuries, 55% more disciplinary incidents. EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

2. Drug Testing  In 2004, over __% of major U.S. firms use ___________.  Drug-Free Workplace Act of ______: Requires _________ employees and _______ contractors to be ________  Is this a violation of your privacy? Mixed treatment in the courts…  In ______ jobs, the court relies on the ________ Amendment to protect you.  In _______ jobs, courts give a bit less _____________. EMPLOYEE PRIVACY IN “AT-WILL” SYSTEM

 Employers can _____ you at any time for ____ reason. BUT, there are a few ways your employer ______ fire you:  If the reason for your firing __________ public policy; or  If the firing is ____________. EXCEPTIONS TO “AT WILL”

1.If the reason for your firing __________ public policy. Case #1: Fulfilling a public obligation: jury duty EXCEPTIONS TO “AT WILL”

Case #1: Jury Duty Liz Lemon gets called for ______. Jack tells her she can’t be gone for jury duty. He tells her to dress up like a __________ and get out of it. “Do whatever it takes to get out of jury duty. If you _______ get out of that jury, you’re ___.” Liz tries, but gets selected for the jury. Can Jack fire her?  ___. Nees v. Hocks (Or. 1975). EXCEPTIONS TO “AT WILL”

1.If the reason for your firing contravenes public policy. Case #2: Committing an __________ EXCEPTIONS TO “AT WILL”

Jack tells Kenneth he needs to _____ in a ________ to President Obama. Kenneth knows this is a ________ crime with huge _______. Jack tells Kenneth he has to do it anyway or Jack will fire him. Kenneth still refuses and Jack fires him.  Can Jack do that?  ____. Johnson v. Del Mar Distributing. EXCEPTIONS TO “AT WILL”

2. If the reason for the firing is ___________. EXCEPTIONS TO “AT WILL”

EMPLOYMENT AT WILL V. TERM CONTRACTS Most contracts are _____. But a small percentage do have ________ “_______.”

 In 2005, Tyrone Willingham signed _______ contract to coach the __________ Husky Football Team.  In 2009, Jim Mora, Jr. signed a _________ contract to coach the ________ Seahawks.  In 2008, Don Wakamatsu signed a _______ contract to manage the Seattle __________. TERM CONTRACTS

 Mora signed _______ contract in January  But in January 2010, only ________ later…

All __ were ______ before the end of their contracts. TERM CONTRACTS

___ ways to ____ someone before the ____ of the ____________: 1.For “__________” 2.By “__________” and paying them as if they were still working TERM CONTRACTS

If you have a _____ contract, you can be fired only for “_________.” Basically means the _______ is doing very ________ __________ _____ quality and work _____________. TERM CONTRACTS: JUST CAUSE

What is “satisfactory work?”  Regular ____________  __________ to reasonable work rules  Reasonable ______ and _______ of work  Avoidance of _______ that hurts __________ _______. TERM CONTRACTS

 Were these firings for “_________?”  _________ were  _________ were  __________ ended up losing 100 games.  Still, ______ were for _________. TERM CONTRACTS

Instead, all ______ coaches were “__________.” TERM CONTRACTS