BLAW 2301 Lecture Notes - Lecture 29: Alptransit, National Labor Relations Act, Nfl Collective Bargaining Agreement
26 Jun 2018
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CHAPTER 29: EMPLOYMENT AND LABOR LAW
Employment and security
At will employee: could be fired for a good reason, a bad reason, or no reason at all.
Contract employee: contract says something about how the employee can and can't be
fired. Company can only fire with a “good reason”.
BUT neither can be fired or for anything if it’s in one of the protected categories: race,
color, religion, sex, national origin etc.
1) Family medical leave act (FMLA)
- Up to 12 wks per yr (no roll over) of unpaid leave for: childbirth, adoptions, a
serious health condition of their own or in their immediate family.
-Immediate family member: Spouse, child, or parent. NOT SBILING, STEP-
PARENTS, FIANCES ETC.
- MUST have at least 50 fulltime(@least 1 yr) employees.
- Basically, An employee who takes a leave must be allowed to return to the same
or an equivalent job with the same pay and benefits.
2) Common Law Protections
-Wrongful discharge: An employer may not fire a worker for a reason that violates
basic social rights (protected categories), duties or responsibilities.
A. Violating Public policy- Courts have primarily applied the public policy rule
(Or employer can’t fire if) when an employee:
-Refuses to violate the law: employees may not be discharged for refusing to
break the law.
-Performs a legal duty: an employee may not be fired for serving on a jury.
-Exercises a legal right: employer may not discharge a worker for exercising a
legal right if that right supports public policy. Ex: workers compensation
claim.
-Supports fundamental societal values: Courts are sometimes willing to
protect employees who do the right thing, even if they violate the boss’s
orders. Ex: Baywatch lifeguard saves life so supporting societal values.
B. Contract Law
-If someone is Not technically an at will employee, employer must follow the rules
of the contract n can't just fire them for any reason.
-Courts are sometimes willing to imply contract terms in the absence of an express
agreement. Can sue for the following:
Truth in Hiring: Verbal promises made abt current factual things during the hiring
process are generally enforceable, even if not approved by the company’s top
executives. Ex: Rachel from suits.
find more resources at oneclass.com
find more resources at oneclass.com
Employee Handbooks: Some courts hold that employee handbooks create contracts
Covenant of Good Faith and Fair Dealing: A covenant of good faith and fair dealing
requires both parties to behave reasonably, making an honest effort to meet both
the spirit and the letter of the contract.
EX: Although Parametric had not violated the explicit terms of the option
agreement, the jury believed it had violated the covenant of good faith and fair
dealing by firing Fleming to prevent him from exercising his remaining options.
* some cases, courts will imply a covenant of good faith and fair dealing in an at-will
employment.
Tort Law
Employees can sue for the following:
-Defamation- Employers may be liable for defamation when they give false
references about a former employee.
- BUT employers are liable only for false statements they know to be false or that
are primarily motivated by ill will this is called Qualified privilege.
- employers do not have a legal obligation to disclose information about former
employees.
- BUT when a former worker is potentially dangerous, employers do have an
obligation to disclose this information.
-Intentional Infliction of Emotional Distress: Employers who allow extreme and
outrageous treatment of their workers face liability.
- Whistleblowers: Employees who disclose illegal behavior on the part of their
employer are generally protected.
Workplace freedom
1. Alcohol and drug abuse:
- Under federal law, private employers (non-govt) are permitted to test job applicants and
workers for alcohol and illegal drugs whenever they want!
- The Equal Employment Opportunity Commission (EEOC), prohibits testing for prescription
drugs unless a worker seems impaired.
- For Government employees can be tested for drug and alcohol use only if they show signs of
use or if they are in a job where this type of abuse endangers the public
-Govt employees more protected from alcohol and drug tests than private employers.
2. Free Speech in Workplace
–The National Labor Relations Act (NLRA) protects employees’ right to unionize.
AND The NLRA protects all (unionized or not) employees:
oWho engage in collective activity and
oIn connection with work conditions and
oWho are not supervisors.
-Employees (who aren’t supervisors) have the right to talk abt work conditions on social media/
lunch room etc if it part of a collective activity- whether the employee is part of union or not. Govt or
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
At will employee: could be fired for a good reason, a bad reason, or no reason at all. Contract employee: contract says something about how the employee can and can"t be fired. Company can only fire with a good reason . But neither can be fired or for anything if it"s in one of the protected categories: race, color, religion, sex, national origin etc: family medical leave act (fmla) Up to 12 wks per yr (no roll over) of unpaid leave for: childbirth, adoptions, a serious health condition of their own or in their immediate family. Must have at least 50 fulltime(@least 1 yr) employees. Basically, an employee who takes a leave must be allowed to return to the same or an equivalent job with the same pay and benefits: common law protections. Refuses to violate the law: employees may not be discharged for refusing to break the law.
