Ch15 Flashcards
(21 cards)
Know the name(s) of the tort for which an employer may be sued after firing an employee in violation of a public policy exception to at-will employment
Wrongful termination
The court in Marshall v. Montaplast of North America, Inc held that there is no public policy protection from being fired for disclosing your supervisor is a registered sex-offender
Held that there is no public policy protection from being fired for disclosing your supervisor is a registered sex-offender
Know what the Zambelli Fireworks Mfg v. Wood court said regarding an employee’s specialized knowledge gained from working for the employer
The court found that Wood’s extensive knowledge of Zambelli’s business, including customer relationships and technical expertise in fireworks displays, constituted protectable interests for Zambelli.
Know when workplace drug testing is allowed
Pre-employment
Annual basis
Accidents
Reasonable suspicion
At random
OSHA health and safety standards have three purposes
Address problems of significant health risk in the workplace
Address problems of safety at the worksite
Eliminate recognized hazards
Know what the Manua’s Inc v. Scalia court held regarding an employer being liable for actions of a contractor when the employer assigned its employees to be involved with the contractor’s work
Owner of land is liable, because they sent their employees to the job site without protection and training so the employer is liable.
Know the objective of workers’ compensation laws
Provide sure, prompt, and reasonable income and medical benefits to work-accident victims or income benefits to their dependents, regardless of fault
Provide a certain remedy and reduce court costs and time delays associated with tort litigation
Prevent public and private charities from incurring the financial strains that would accompany uncompensated accidents
Reduce payment of fees to lawyers and expert witnesses
Encourage employer interest in safety and rehabilitation of workers through an insurance scheme that bases rates on the accident rating of the employer
Promote open discussion of the causes of accidents rather than encourage concealment of fault, thus helping to reduce accidents and health hazards
Know the exceptions for who is covered by FMLA
Employees among the 10 percent highest paid,
Employees who have not worked for at least one year and who have not worked at least 1,250 hours in the past year
Know what the court in O’Rourke v. Tiffany & Co. said about the requirement for retaliation in a FMLA case
She had no claim for FMLA violation because as the change in the companies structure was not due to her leave
Know what federal immigration law requires employers to do
They must collect evidence of citizenship or of legal work status for all new requirements
Know what happens if an employer covered by the WARN act lays off more than 50 people without the required notice
May sue for up to 60 days of back pay and fringe benefits, interest, and attorney’s fees
Know the description and objective of ERISA
Create Private retirement plans
Know which board was created to monitor labor practices and oversee union elections
NLRB
Know which categories of workers are not covered by the National Labor Relations Act
Government employees
Know the examples of employer conduct that violates the NLRA
Meet with them good faith
Listen to the proposals
Let them explain proposals
Know what union organizers may not do
3 days before Cannot influence the workers
Know what Dolgencorp, LLC v. NLRB case held about a union election after evidence of a union organizer making threats and bribes to employees surfaced
The NLRB and Appeals court held that the vote stands and that there would not be another election
Know what good faith means in union negotiations
Meet with them and listen to them
Know what a lockout is
Refusal by an employer to allow employees to work
Reverse strike
Must an employee who is injured on the job, prove employer negligence before filing for workers’ compensation?
No, under state law
An employer with 250 full time employees experienced a major financial setback during a global crisis and needed to shut down an entire plant effectively laying off 125 employee indefinitely. Does the WARN Act apply?
Yes, because it involved fifty percent of their workforce
