Chapter 21 Flashcards
Employer
Party who pays someone in order to direct and control that persons activities
Employment
Relationship based on a contract that calls for one individual to be paid for working under another’s direction and control
Employee
Party who is paid by employer to serve under employees direction and control
Independent contractor
Someone who is hired to produce a result and is not supervised
Express agreements
Oral or written documents, describes elements of the employment relationship
Implied agreements
Hiring hourly workers
Employment at will
Employee can be discharged at anytime for any cause
Terms imposed by law
State and federal laws impose many important terms into each employment contract whether or not employee/r wants them too
Termination by performance
Most contracts are terminated by this
Termination at will
Contract can be terminated at anytime usually because no certain time was specified
Wrongful discharge
Firing because of race, religion, gender, age, disability, pregnancy, veteran status, or national origin
Violation of contract terms
Employers must then not fire employee without a reason
Public employees
People who work for the government, are entitled to due process before discharge
Material discharge
Obligations are unfulfilled, breach of contract
Unemployment compensation
Money paid by government or a private insurance fund to workers who have lost their jobs through no fault of their own
Discharged without cause
Workers have been terminated despite having complied with all terms of their employment contract
Duties owed to employees
Reasonable treatment, safe working conditions, fair labor standards
Employers duties
Payroll deductions, workers compensation, military service, voting
Laws based on three principles
- Persons early years are best used to obtain an education
- Certain work is harmful or dangerous for young people
- Child labor at low wages takes jobs from adults
Duties owed to minors
State laws, child labor laws, federal laws, duties owed to those injured by employees
Employees duties
Duty to fulfill employment contract, duty of obedience, reasonable skill, loyalty and honesty, reasonable performance
