lesson 22

Question 1

general rule in virginia and most states is

Answer 1

at will employment

Question 2

at will employment

Answer 2

• employer may fire for good, bad, or no reason
• employee may quit or leave employment at any time at all, even without notice

Question 3

exceptions to at will employment

Answer 3

wrongful discharge, contract law

Question 4

wrongful discharge

Answer 4

while an at will employee may be fired for bad reason, some worse than others. certain firings that violate public policy may be illegal under state law (won’t go out with someone)

Question 5

wrongful discharge examples

Answer 5

• firing employee for refusing to break the law
• firing employee for exercising legal right (filing worker’s compensation claim)

Question 6

four elements of public policy tort case

Answer 6

1. plaintiffs must prove existence of clear public policy (clarity element)
2. plaintiffs must prove discouraging their conduct would jeopardize public policy (jeopardy element)
3. plaintiffs must prove conduct caused dismissal (causation element)
4. defendant must not be able to offer overriding justification for dismissal (absence of justification element)

Question 7

contract law

Answer 7

if there is an agreement or contract between employer and employee, courts will enforce it

Question 8

promises made during hiring process example

Answer 8

gary told hailey she could keep her job until she decided to retire. three years later he fired her, courts upheld his promise.

Question 9

references can lead to

Answer 9

defamation claims

Question 10

rules for references

Answer 10

1. no requirement that you give a reference
2. if you give one, what you say must be true
3. even if what you say is negative, if true, not legally defamatory

Question 11

if giving an opinion it is advisable to

Answer 11

say “in my opinion”

Question 12

most companies do not want the hassle of a potential lawsuit based on giving references. they often have a policy of saying nothing, other than:

Answer 12

1. confirm employee worked there
2. state exact dates of employment
3. state salary

Question 13

with teacher harassment case, what was the difference between the 2 rulings

Answer 13

the first one held there was no duty to disclose information, but second one wrote a positive letter of recommendation after firing him for misconduct. second one ruled they had a duty to provide accurate information.

Question 14

family medical leave act (FMLA)

Answer 14

provides certain benefits to employees in order to allow them to assist and care for family members that are experiencing certain health and medical conditions

Question 15

the US is the only industrialized country in the world to

Answer 15

not REQUIRE employers to offer paid sick leave

Question 16

FMLA conditions

Answer 16

• employees may take up to 12 weeks of unpaid leave each year for serious health condition of their own or immediate family member
• includes spouse, child, or parent (not sibling)
• may include childbirth (father too) and adoption

Question 17

what is a serious health condition

Answer 17

• any health issue that requires hospitalization
• any condition that requires more than one visit to health care provider
• any condition that requires one visit to health care provider and a course of treatment such as physical therapy

Question 18

key aspect of FMLA

Answer 18

employee can get time off without losing job

Question 19

general rule for off duty activities by employees

Answer 19

unless there is state or federal law that says otherwise, employers do have the right to fire an employee for off duty conduct

Question 20

smoking cigarettes

Answer 20

over 30 states have laws that make it illegal for employers to prohibit employees from smoking
- they may prohibit smoking in certain areas or on company property, may decline to offer smoke breaks

Question 21

alcohol and drug use

Answer 21

employers may drug test employees, may fire those who fail

Question 22

equal employment opportunity commission (EEOC)

Answer 22

federal agency that enforces federal employment laws, permits employers to refuse to hire or fire employees whose legal use of prescribed drugs creates a health risk

Question 23

polygraph test

Answer 23

under federal law, employers may not require or even suggest that job candidates take a polygraph test as a condition for employment

Question 24

polygraph exceptions

Answer 24

1. existing employee that is part of an ongoing investigation for crime that has already been committed
2. applicant for certain government jobs
3. applicant in private sector who is seeking a job in banking or who work with controlled substances

Question 25

polygraph conditions

Answer 25

- before employer requires polygraph, must give written advance notice of when and where test is and that applicant may have attorney present - private employer may not fire employee for failing polygraph test unless there is additional evidence that employee has engaged in misconduct (corroborating evidence)

Question 26

financial issues and protections for employees

Answer 26

1. wages and child labor 2. worker's compensation 3. health insurance

Question 27

wages and child labor

Answer 27

falls under fair labor and standards act (FLSA) - employees must be paid $7.25 and time and a half for over 40 hours - children under 14 not allowed unless agriculture, entertainment, family business, babysitter - 14 and 15 may work limited hours after school in non-hazardous jobs - 16 and 17 unlimited hours in non-hazardous jobs

Question 28

worker's compensation (big trade off)

Answer 28

ensures workers receive compensation for injuries sustained at work. employees give up right to directly sue employers and employers give up right to claim they are not responsible as long as injury occurred during course and scope of employment.

Question 29

health insurance

Answer 29

COBRA is a federal statue that deals with former employees. any former employee that previously had health insurance through their job must be allowed to continue their insurance for up to 18 months, but employee must pay for it

Question 30

employees have right under federal law to

Answer 30

1. organize and join union 2. bargain collectively through representatives of their own choosing 3. engage in other concerted activities to promote union

Question 31

regarding unions, employers may not

Answer 31

1. interfere with union organizing efforts 2. interfere with union activity 3. discriminate against union member 4. refuse to bargain collectively with union

Question 32

unions may not

Answer 32

1. interfere with employees that exercise their labor rights 2. cause employer to discriminate against workers 3. charge excessive dues