Podcast
Questions and Answers
What is the primary focus of labor law?
What is the primary focus of labor law?
- Defining the operational standards for businesses.
- Addressing the rights and responsibilities of unionized employees. (correct)
- Governing the employer-employee relationship.
- Establishing guidelines for international trade and commerce.
Which statement accurately describes the concept of 'employment-at-will'?
Which statement accurately describes the concept of 'employment-at-will'?
- Employees are guaranteed a job for a specific duration, as outlined in federal employment standards.
- Employees can only be terminated for just cause, as determined by a court of law.
- Termination requires a mutual agreement between the employer, and the employee, mediated by a third party.
- Employers have the right to terminate employment for any reason or no reason at all, provided it isn't discriminatory. (correct)
Under what condition can an employer terminate an employee according to the 'employment-at-will' doctrine?
Under what condition can an employer terminate an employee according to the 'employment-at-will' doctrine?
- After a probationary period, and with documented warnings.
- Only if the employee has violated company policy.
- At any time, for any reason that isn't discriminatory, or even without a stated reason. (correct)
- Only with approval from a labor union.
Which of these states does NOT recognize exceptions to the at-will employment doctrine?
Which of these states does NOT recognize exceptions to the at-will employment doctrine?
A company asks its accountant to create a second set of falsified financial books, and the accountant refuses. If the company fires the accountant, what exception to 'employment-at-will' might apply?
A company asks its accountant to create a second set of falsified financial books, and the accountant refuses. If the company fires the accountant, what exception to 'employment-at-will' might apply?
What is the focus of the Public Policy Exception to at-will employment?
What is the focus of the Public Policy Exception to at-will employment?
Which scenario is most likely to be considered a violation of the Public Policy Exception to employment-at-will?
Which scenario is most likely to be considered a violation of the Public Policy Exception to employment-at-will?
In the context of employment law, what does the Implied Contract Exception refer to?
In the context of employment law, what does the Implied Contract Exception refer to?
How might an employee handbook impact the 'employment-at-will' doctrine under the Implied Contract Exception?
How might an employee handbook impact the 'employment-at-will' doctrine under the Implied Contract Exception?
What is the key principle behind the Covenant of Good Faith and Fair Dealing exception to 'employment-at-will'?
What is the key principle behind the Covenant of Good Faith and Fair Dealing exception to 'employment-at-will'?
What situation exemplifies a violation of the Covenant of Good Faith and Fair Dealing exception to employment-at-will?
What situation exemplifies a violation of the Covenant of Good Faith and Fair Dealing exception to employment-at-will?
What is the primary purpose of the False Claims Act?
What is the primary purpose of the False Claims Act?
How does the False Claims Act provide protection to employees?
How does the False Claims Act provide protection to employees?
According to Massachusetts law, what action must an employer take when modifying an employee's personnel file in a way that negatively affects their employment?
According to Massachusetts law, what action must an employer take when modifying an employee's personnel file in a way that negatively affects their employment?
What protection is afforded to a 'rebuttal' submitted by an employee regarding modifications to their personnel file, according to Massachusetts law?
What protection is afforded to a 'rebuttal' submitted by an employee regarding modifications to their personnel file, according to Massachusetts law?
In the Brundridge v. Fluor Federal Services, Inc. case, what was the primary reason cited for the termination of the pipe fitters?
In the Brundridge v. Fluor Federal Services, Inc. case, what was the primary reason cited for the termination of the pipe fitters?
What is the “clarity” element in the context of a public policy argument in Washington (WA)?
What is the “clarity” element in the context of a public policy argument in Washington (WA)?
What constitutes the 'jeopardy' element in a public policy argument related to wrongful termination?
What constitutes the 'jeopardy' element in a public policy argument related to wrongful termination?
In an employment context, what does 'causation' refer to when discussing elements of a public policy argument?
In an employment context, what does 'causation' refer to when discussing elements of a public policy argument?
In the context of wrongful termination what is the 'absence of justification' element?
In the context of wrongful termination what is the 'absence of justification' element?
What is the body of law that governs the employer-employee relationship?
What is the body of law that governs the employer-employee relationship?
An active investment in a host country relies on employees; therefore, what aspect of the host country becomes significant?
An active investment in a host country relies on employees; therefore, what aspect of the host country becomes significant?
Which of the following aspects of employment are subject to variation based on the rules of the host country?
Which of the following aspects of employment are subject to variation based on the rules of the host country?
What is the key right granted to employees under the concept of 'Employee Rights' in an employment-at-will setting?
What is the key right granted to employees under the concept of 'Employee Rights' in an employment-at-will setting?
If a company's Vice President of HR assures a job applicant during an interview that they can keep their job 'forever' unless they 'commit a crime', but then fires the employee for being late one day, which legal exception might the employee claim?
If a company's Vice President of HR assures a job applicant during an interview that they can keep their job 'forever' unless they 'commit a crime', but then fires the employee for being late one day, which legal exception might the employee claim?
Your boss tells you to not report your workplace injury so that the company can save on workers compensation insurance premiums and fires you when you refuse.Is this OK under employment-at-will?
Your boss tells you to not report your workplace injury so that the company can save on workers compensation insurance premiums and fires you when you refuse.Is this OK under employment-at-will?
The company's employee handbook states that employees will receive training to correct poor performance and outlines a follow-up will be held with a supervisor to review performance and *If performance still not improved, then employee can be terminated. However, an Employee fired for poor performance did not receive additional training. Is this OK?
The company's employee handbook states that employees will receive training to correct poor performance and outlines a follow-up will be held with a supervisor to review performance and *If performance still not improved, then employee can be terminated. However, an Employee fired for poor performance did not receive additional training. Is this OK?
An employee files a workers' compensation claim, and the employer terminates the employee. What exception for employment-at-will might a court review?
An employee files a workers' compensation claim, and the employer terminates the employee. What exception for employment-at-will might a court review?
You are fired because you were seeking payment of your wages. Is this OK?
You are fired because you were seeking payment of your wages. Is this OK?
In your interview, a company’s HR VP tells you that you can keep your job forever unless you commit a crime - which is in writing, the HR VP decides to fire you. Is this ok?
In your interview, a company’s HR VP tells you that you can keep your job forever unless you commit a crime - which is in writing, the HR VP decides to fire you. Is this ok?
Your boss just had an argument with your sibling. In retaliation, your boss fires you. Is this OK?
Your boss just had an argument with your sibling. In retaliation, your boss fires you. Is this OK?
In Washington state, the following needs to be show to litigate a public policy exception:
In Washington state, the following needs to be show to litigate a public policy exception:
An employee is fired for reporting hazardous waste dumping by their employer. Is this ok under employment-at-will?
An employee is fired for reporting hazardous waste dumping by their employer. Is this ok under employment-at-will?
An employee contacts the Department of Defense and tells them that employer has been billing the US Government for products that were not delivered. Is this OK under employment-at-will?
An employee contacts the Department of Defense and tells them that employer has been billing the US Government for products that were not delivered. Is this OK under employment-at-will?
If a company is in state that accepts the 'Good Faith and Fair Dealing exception', the exception might prevent the employers from:
If a company is in state that accepts the 'Good Faith and Fair Dealing exception', the exception might prevent the employers from:
An employee handbook sets out procedures that must be followed - where a Company doesn’t follow the employee handbook and fires somebody, what type of challenge is this?
An employee handbook sets out procedures that must be followed - where a Company doesn’t follow the employee handbook and fires somebody, what type of challenge is this?
In a unionized shop, you must comply with Collective Bargaining Agreement (CBA). The shop decided to fire a black, Latino employee to make room for his boss's relative and the CBA strictly prohibits these types of hiring - is this wrongful due to CBA?
In a unionized shop, you must comply with Collective Bargaining Agreement (CBA). The shop decided to fire a black, Latino employee to make room for his boss's relative and the CBA strictly prohibits these types of hiring - is this wrongful due to CBA?
Which of the following scenarios best illustrates a situation where the 'Covenant of Good Faith and Fair Dealing' exception to employment-at-will might be relevant?
Which of the following scenarios best illustrates a situation where the 'Covenant of Good Faith and Fair Dealing' exception to employment-at-will might be relevant?
An employee in Massachusetts discovers their employer is involved in fraudulent billing to the government and reports it. If the employee is subsequently fired, what legal recourse might they pursue?
An employee in Massachusetts discovers their employer is involved in fraudulent billing to the government and reports it. If the employee is subsequently fired, what legal recourse might they pursue?
A company operates in a country where labor laws regarding working hours are significantly different from those in the U.S. Which of the following actions should the company take to ensure compliance?
A company operates in a country where labor laws regarding working hours are significantly different from those in the U.S. Which of the following actions should the company take to ensure compliance?
An employer modifies an employee's personnel file with information that negatively impacts the employee's opportunities for promotion. According to Massachusetts law, what is the employer required to do?
An employer modifies an employee's personnel file with information that negatively impacts the employee's opportunities for promotion. According to Massachusetts law, what is the employer required to do?
In Washington (WA), which element of a public policy argument against wrongful termination focuses on the direct link between the employee's action and their subsequent dismissal?
In Washington (WA), which element of a public policy argument against wrongful termination focuses on the direct link between the employee's action and their subsequent dismissal?
Flashcards
Employment Law
Employment Law
Body of law governing the employer-employee relationship.
Labor Law
Labor Law
Concerns the rights and responsibilities of unionized employees.
Employment-at-will
Employment-at-will
Employees can quit for any reason; employers can fire for any reason (or no reason) unless contracted otherwise.
Public Policy Exception
Public Policy Exception
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Whistleblower Protection
Whistleblower Protection
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Implied Contract Exception
Implied Contract Exception
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Good Faith & Fair Dealing
Good Faith & Fair Dealing
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False Claims Act
False Claims Act
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False Claims Act
False Claims Act
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Whistleblower Protection
Whistleblower Protection
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Employee Handbook Policies
Employee Handbook Policies
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Public Policy Argument Elements
Public Policy Argument Elements
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Study Notes
US Labor Law and Employment Law Definitions
- Employment Law governs the employer-employee relationship.
- Labor Law primarily concerns the rights and responsibilities of unionized employees.
Laws of the Host Country
- Active investment relies on employees, making each host country's laws significant.
- Rules vary across countries for dismissal, minimum pay, organizing, work hours, overtime pay, leave of absence, working conditions, and employment discrimination.
Constraints on Dismissal - US
- The US follows employment-at-will, where employees can quit at any time for any reason.
- Employers can fire employees at any time, for any reason, or no reason at all, unless there's an employment or union contract.
- An offer of employment doesn't commit to employment for any specific duration.
At-will Employment
- At-will employment is a legal principle that employer can terminate employee for any reason, including no reason, as long as it is not prohibited under local, state, or federal law.
Availability of At-Will Exceptions
- Three states have no at-will employment exceptions: Florida, Georgia, and Rhode Island.
Common Law Exceptions to At-Will Employment
- Common law exceptions to the general rule include the public policy exception, implied contract exception, and covenant of good faith and fair dealing.
Public Policy Exception
- Employers cannot fire an employee for a "bad reason" due to public policy.
- Whistleblower protection offers greater protection for external reporting than internal reporting.
- It is considered a "bad reason" for employers to fire the company accountant for refusing to keep a second set of falsified financial books.
- A worker being fired in retaliation for filing a workers' compensation claim would be considered a "bad reason" for employers to fire an employee.
Implied Contract Exception
- The issue lies in whether an employer's statements create an implied contract for continued employment.
- The company handbook setting out procedures that must be followed, and the company does not follow the handbook, but instead fires somebody, would qualify as an implied contract exception.
Good Faith and Fair Dealing Exception
- Termination must be based on just cause, not malice or ill-will, and is only recognized by a handful of states.
- An example of where the good faith and fair dealing exception would apply is when a company fires everybody as they get closer to qualifying for retirement benefits.
Massachusetts Law on Employment – At-Will
- Unless there are implied commitments to the contrary, appellate courts in Massachusetts have determined that an at-will employee may be terminated at any time for almost any reason or for no reason at all.
Massachusetts Details regarding employment law
- Employee handbooks and personnel manuals may form the basis of an implied contract.
- A breach of the good faith and fair dealing expectations comes into being when the company terminates an at-will employee in “bad faith” to avoid paying them compensation they have earned.
- "Available to employees wh are terminated for asserting a legal right (e.g. filing a workers' compensation claim) or for refusing to disobey the law.
Statutory Exceptions to At-Will Employment
- The False Claims Act is a federal statute that has an anti-retaliation provision protecting employees disclosing fraudulent dealings of employers with the federal government.
- Some states have similar statutes.
Massachusetts False Claims Act
- The Massachusetts False Claims Act contains an employee protection provision that allows any employee to seek relief from wrongdoing in the workplace.
- The Act applies when the employee, contractor or agent is discharged, demoted, suspended, harassed or in any other manner discriminated against.
Other Whistleblowers in Massachusetts
- The law declares that The employer shall not take any retaliatory action against an employee for testifying any violation of law that poses risk to environment.
- The law declares that The employer shall not take any retaliatory action against an employee for disclosing any actions that pose a risk to public health.
Massachusetts Bolts on Some Added Stuff
- The employer must notify an employee whenever they modify or add information to an employee's personnel file.
- The employee can inspect his personnel file and to submit a written statement explaining his position on the modifications.
- This is required to be included in the personnel file whenever transferred to a third party.
- The enforcement is by the Attorney General and Employers are subject to small fines for noncompliance.
- Retaliation for a rebuttal is protected by the public policy exception.
Questions to ask if you are fired from your employment
- If you are fired or treated differently, you may want to examine and investigate whether it was because of your ancestry.
- If you are fired or treated differently, you may want to examine and investigate whether it was because you opposed discrimination.
- If you are fired or treated differently, you may want to examine and investigate whether it was because you were seeking payment of your wages
- If you are fired or treated differently, you may want to examine and investigate whether it was because you were seeking accommodation for disability or religion
Wrongful Discharge examples
- An employment contract needs to be honored and firing someone in contradiction to it is most likely not OK.
- Union agreements and collective bargaining need to be honored and firing someone in contradiction to it is most likely not OK.
- Companies should not change their agreements to eliminate employees once they are about to vest payments.
Brundridge v. Fluor Federal Services, Inc.
- Pipe fitters worked at a nuclear waste facility
- Wrong valve ordered to be installed with the underrated valve could cause nuclear contamination.
- Because the pipe fitters refused the weaker valve installed, they were fired.
Elements of a Public Policy Argument in Washington
- Public policy must exist
- Discouraging employee conduct would jeopardize the public policy.
- The employee's public-policy-related conduct caused the dismissal.
- The employer can't justly defend dismissal.
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