ch 38 Flashcards
(49 cards)
The relationship between employee and employers can be made only by _______ between both parties..
the agreement
An employment contract can be made with any terms the parties want to use.
T
The collective bargaining contract governs ______ and ______ of employers and employees in many private and public areas of employment.
rights
obligations
The employment contract does not specify _______ or _______. However, _________, needed to work as _______ that lasts for 5 years, is the exception.
the time or duration
individual’s contract
the general manager
Under the employment-at-will doctrine, the employer has historically allowed to ____________ at anytime with reasons or without reasons.
terminate the employment contracts
Public policy exception is made when the employee is discharged in retaliation for insisting that the employer comply with ________ or for filing ________.
food and drug act
worker’s compensation claim
Employers revise their personnel manuals & employees handbook and issue directives to all employees that no _________ exist.
assurance of continued employment
Discharging the employees due to financial condition is referred to as _____.
reduction in force.
(765) Laying off employees based on their age is _____
age discrimination in employment act.
(765) 内部告発者保護法」とは、雇用主の不正を内部告発する被用者を雇用主の報復（たとえば、解雇・降級・停職・脅迫・嫌がらせ・差別待遇など）から保護することを目的とする法律を指します。
Whistleblower Protection Act
(765) SOX (Sarbanes-Oaxley Act) prohibits a publicly traded company or any agent of it from _______________ against an employee who provides information, testifies, in proceedings regarding fraudulence activities, any violation of SEC rule or regulation, fed law protecting shareholders against fraud.
adverse employment action
(765) Sox does not protect employees who provide information to the world.
T
(766) Dodd-Frank covers almost any employee working in the financial services industry related to the extension of credit, and protects them from _______ for disclosing information about fraud or unlawful conduct related to consumer financial products.
retaliation
(766) Dodd-Frank requires the ______ and ______ to pay whistleblowers bounties between 10 to 30 % on monetary sanction that aggregate at lease $1 million.
To receive bounties, whistleblower need to show SEC
_________ that leads to successful enforcement of act or action in federal court or before an agency in which overall recovery totals over $1 million.
Securities
Exchange Commission
voluntarily with original information
告発者への奨励金支払いの義務
The Dodd-Frank exempts whistleblowers from _______.
predispute arbitration agreements
従業員が報復者保護に関する雇用違反を訴えたら雇用主は明白で納得させられる___________ that it would have taken the same action in the absence of the employee’s whistleblowingを示さねばならない。
evidence
The duties of an employee are determined primarily by ________ with the employer.
the contract f employment
If the employee violate the duty not to disclose secret to others, employer must _________ by employee and person to whom the info was disclosed.
enjoin the use of the info
The right of an employers to use info discovered by the employee during working hours with employer’s equipment.
Shop right.
The employers own invention or discovery made by the employee during _________ or after leaving __________ in 1 or 2 years.
working hours
the employment
The right of the employee are determined by the contract of employment and by the law as declared by _______, ________ and _________.
courts
lawmakers
administrative agencies.
the right of the employee with respect to the compensation are generally governed by __________ that apply to the compensation of the agent.
the same principal
When the employee is discharged, whether the cause or not, the employer must pay the wage for ______ . Employee can sue the employer for the improperly paid salary.
the expiration of last pay period.
Workers at enterprises engaged in interstate commerce are covered by the _____. It is amended to domestic workers. Students working at internship is covered with this.
Fair Labor Standards Act (FLSA)
