Chapter 20 - Employment Law Flashcards
(17 cards)
Employment at Will means that your contract
Doesn’t have a definite duration
exceptions to at will employment
- Implied contract
- Tort Theory - Hired under fraudulent representations?
- Public Policy - discrimination or family leave
Documenting wrongful actions of employees
is critical if you want to defend firing in court (public policy)
3 exceptions to covenants not to compete
- Executive or management personnel
- To protect trade secrets
- To recover training expenses
Workers compensation, if employer is not insured, employees can do 2 things
- Prove Tort responsibility
2. File a claim for workers comp + 50% penelty (2 years to file a claim)
Medicare and Social Security withholding
A. 15.3%
B. 12.4% FICA (social security)
C. 2.9% Medicare
5 elements of Family and Medical Leave Act
- Applies to 50 employees or more
- No interference, discharging, or discrimination
- Continuation of health coverage
- Immediate reinstatement required (12 weeks unpaid leave)
- “Key employee Exception - within top 10% of workforce
Lie Detector tests
not allowed for private employers, considered unreliable
Drug Testing for government jobs
- 4th amendment concerns
2. If suspicion-less testing, governmental needs must outweigh individuals privacy interest
Drug Testing for Private Employers
- No 4th amendment concerns
- If suspicionless, examine reasonableness test
- Pre-employment testing not a problem
Genetic testing is
Not permitted
Colorado is NOT a
Right to work state
Collective bargaining sets forth
wages, hours, pension, termination proceedures
These shops are allowed to hire anyone who is not a member of a union
Closed union Shops
Union Shops are _____ in a right to work state
Illegal
In these shops, once you are hired, you’re required to join the union or pay union dues
Union Shops
Right to work law say that
You have the right to work without paying union dues or joining a union
