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Chapter 22 . By Reed, Noah, Thomas, and Ryan . Employment Laws . 22-1 - Making and Terminating Employment Contracts 22-2 - Duties of Employers and Employees . Goals. 22-1 - Describe how employment contracts are made - Explain how employment contracts are terminated 22-2

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chapter 22

Chapter 22

By Reed, Noah, Thomas, and Ryan

employment laws
Employment Laws

22-1

- Making and Terminating Employment Contracts

22-2

- Duties of Employers and Employees

goals
Goals

22-1

- Describe how employment contracts are made

- Explain how employment contracts are terminated

22-2

- List an employer’s duties

- Name an employee’s duties

22 1 employment
22-1 Employment

- Employment is a legal relationship based on a contract that calls for one individual to be paid for working under another’s direction and control

- The party who pay’s someone in order to direct and control that persons activities is the employer

- The party paid by the employer to serve under their direction and control is the employee

creating contracts
Creating Contracts

- Terms of employment contracts

  • Express agreements between employer and employee
  • Implied agreements between employer and employee
  • State and Federal Law
termination
Termination
  • By Performance
    • Completion of Job or running of the period
  • By Termination at Will
    • Length of time not specified
limitations
Limitations
  • Wrongful Discharge
    • Refuse to commit perjury
    • Insist on filing a workers compensation claim
    • Report violations of law by the company
    • Urge company to comply with the law
  • Violation of Contract Terms
    • Cannot fire without fair reason
  • Government Employees
    • public employees-require due process-hearing
limitations1
Limitations
  • By Material Breach
    • Breach of contract
  • Unemployment Compensation
    • Discharged without cause
    • Discharged for cause
    • Unemployment compensation
what s your verdict
What’s Your Verdict

Jin was asked to stay after work one evening to assist in moving some barrels containing a toxic chemical onto a truck. A forklift tine punctured one of the drums causing a large spill. The company supervisor used a garden hose to wash material down a city drain. No report was made of the incident to the EPA. When dead fish were discovered in a nearby river and an official investigation followed, the company asked Jin to lie about what he’s seen. When he refused, he was terminated.

In a state that allows employment contracts to be terminated at will, does Jin have any legal recourse against his employer?

verdict
Verdict

When an employer fires an at will employee for one of the reasons below it commits the tort of wrongful discharge.

  • Refuse to commit perjury
  • Insist on filing a workers compensation claim
  • Report violations of law by the company
  • Urge company to comply with the law

Jin would be able to sue his ex-employer for such a wrongful discharge.

22 2 employer s duties
22-2 Employer’s Duties
  • Duties owed to employees
    • Reasonable treatment (be nice, don’t hurt them)
    • Safe working conditions
      • Employee may quit without breaching contract
    • Fair Labor Standards (no more than 40 hrs per week)
    • Payroll deductions (government programs financed by payments made by employees)
employer s duties
Employer’s Duties
  • Duties Owed
    • Military Service (employees who are part of the armed services are not discriminated against)
    • Voting (time off to vote)
    • Family/Medical Leave (up to 12 weeks of unpaid job protected leave w/in 12 months)
employer s duties1
Employer’s Duties
  • Duties owed to minors
    • Basic principles
      • Early years best for education
      • Certain work is dangerous for young people
      • Takes jobs from adults
    • State Laws (usually minimum age for employment/max hours)
employer s duties2
Employer’s Duties
  • Duties owed to minors
    • Lots of different restrictions for different states
    • Federal Law (can’t work under the age of 14)
  • Duties owed to those injured by employees
    • If acting w/in scope of employment, employer is liable
employee s duties
Employee’s Duties
  • Fulfill Employment Contract
    • Fulfill express terms of contract as well as implied agreements
  • Duty of Obedience
    • Duty to obey reasonable orders and rules
  • Duty of Reasonable Skill
    • Those who accept work possess the skill/experience necessary
employee s duties1
Employee’s Duties
  • Loyalty and Honesty
    • Employee is obligated to look out for the employer's best interests
  • Reasonable Performance
    • Perform the job tasks with competence
what s your verdict1
What’s Your Verdict?

Mel was hired by the Critical Care Construction Company as an expert welder to help assemble sterile stainless steel tanks for the transport tuck of ingredients for various food products. To ensure no impurities could enter the tank once it was placed in operation, each weld was x-rayed after completion. When more than 70 percent of Mel’s welds were found to be improperly done, he was discharged by the company.

Did Critical Care act legally?

verdict1
Verdict

Under the duty of reasonable skill:

*Those who accept work possess the skill/experience necessary

Mel could be fired for the lack of reasonable skill.