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Overview of Employment Law

Overview of Employment Law. Chapter 1 http://www.youtube.com/watch?v=qMjz6WktOno. LEGAL SYSTEMS. Civil law Common law. Precedents are the major source of law in common law systems. Stare Decisis “Let the decision stand” Finding an earlier case with similar facts Deriving a rule of law

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Overview of Employment Law

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  1. Overview of Employment Law Chapter 1 http://www.youtube.com/watch?v=qMjz6WktOno

  2. LEGAL SYSTEMS • Civil law • Common law

  3. Precedents are the major source of law in common law systems Stare Decisis • “Let the decision stand” • Finding an earlier case with similar facts • Deriving a rule of law • Applying that rule to the case at hand • Predictability • Adaptability

  4. SOURCES OF LAW • Constitutions • Treaties • Statutes from state and federal legislatures • Executive Branch: Executive orders • Courts • Agency regulations.

  5. Substantive Rights under Employment Law Non-discrimination and equal employment opportunity Freedom to engage in concerted activity and collective bargaining Minimum standards for terms and conditions of employment Compensation for certain types of harm Protection of fundamental rights

  6. U.S. Employment Law Employment law is a fragmented work in progress. Although there are some questions that are well settled, others are developing. The best HR managers: Recognize and cope with ambiguity. Anticipate legal problems and try to avoid them. Are PROACTIVE.

  7. Federal and state laws affect the employment relationship.

  8. Sources of Employment Law Sources include both State and Federal: Constitutions Example: 4th Amendment prohibiting unreasonable search & seizure Statutes Example: Title VII; City ordinances Executive Orders Example : EO # 11246 Regulations, Guidelines and Administrative decisions Example : OSHA safety standards Common law (case decisions) Example : wrongful discharge in violation of public policy; see Gardner v.Loomis; commentary

  9. FEDERAL STATUTES • The Railway Labor Act of 1926 • The National Labor Relations Act of 1935 (NLRA) • The Labor Management Relations Act of 1947 (LMRA) • The Fair Labor Standards Act of 1938 (FLSA) • The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) • Title VII of the Civil Rights Act of 1964 as amended in 1972 and 1991.

  10. FEDERAL STATUTES (Cont’d) • The Age Discrimination in Employment Act of 1967 as amended (ADEA). • The Occupational Safety and Health Act of 1970 (OSHA). • The Employment Retirement Income Security Act of 1974 (ERISA). • The Worker Adjustment and Retraining Notification Act of 1988 (WARN). • The Americans with Disabilities Act of 1990 (ADA). • The Family and Medical Leave Act of 1993 (FMLA). • The Uniformed Services Employment and Reemployment Rights Act of 1994. • GINA (2008)

  11. STATE LAW • Employment-at-will • “Right-to-work” and other state labor laws • Contract and tort law • Workers’ Compensation • State discrimination laws

  12. EARLY ATTEMPTS TO STOP UNION ACTIVITY • Criminal conspiracy • Yellow-dog contracts and contractual interference doctrine • Antitrust laws • Sherman Act • Clayton Act

  13. Determining Which Employment Laws Apply Public (government) sector or private sector employment? Unionized or non-union workplace? How many employees? What is the geographic location? Does the firm do government contracts? What type of industry or occupation?

  14. Procedures for Enforcing Employment Laws What options does an employee have? Does the employee have the right to bring a private cause of action? Where must it be brought? How quickly? Is there an administrative prerequisite? Must formal notice be given? How quickly? Must the employee exhaust internal dispute resolution procedures first?

  15. Element:A material factor; a basic component • An essential requirement to a cause of action (the right to bring a lawsuit to enforce a particular right). • Each cause of action (negligence, breach of contract, trespass, assault, etc.) is made up of a basic set of elements which must be alleged and proved. • Each charge of a criminal offense requires allegation and proof of its elements.

  16. COURT SYSTEM Highest Court Intermediate Appellate Court Trial Court Minor Courts

  17. Trial Courts • Superior Court/Circuit Court/District Court • Lawsuit/Complaint Filed • Determines Facts & Law

  18. Appellate Courts • Review Questions Of Law • Consist Of 3 – 9 Judges

  19. Federal Courts • District Court • Federal Trial Courts • Special Courts • Court of Appeals • There are 13 U.S. Courts of Appeal • The Supreme Court • Highest Court of the Land • Writ of certiorari

  20. Federal Judicial System

  21. Parties • Plaintiff v. Defendant • Counterclaim- Counterplaintiff v. Counterdefendant • Appellant v. Appellee • Petitioner v. Respondent • Third-Party Defendant

  22. FINDING COURT DECISIONS • Lexis-Nexis • Clayton State Library

  23. READING CITATIONS State Court: Eckhart v. Yerkes Regional Primate Center, 254 Ga. App. 38, 561 S.E.2d 164 2002 Ga. App. LEXIS 253 (2002) (Regional) (National) (Lexis Nexis) (Year)

  24. READING CITATIONS Federal Court Wilson v. Southwest Airlines, 517 F.Supp. 292, 1981 U.S. Dist. LEXIS 12979 (D.N.TX. 1991) (Federal Supplement) (Lexis Nexis) (Location, Year)

  25. READING CITATIONS Vaughn v. Edel, 918 F.2d 517, 1990 U.S. App. LEXIS 20947 (5th Cir. 1990) (Federal Reporter) (Lexis Nexis) (Circuit Year)

  26. READING CITATIONS McDonald v. Santa Fe Trail Transportation, 427 U.S. 273, 96 S. Ct. 2574; 49 L. Ed. 2d 493; 1976 U.S. LEXIS 8; (1976) (United States (Supreme Court (Lawyers’ Edition (Lexis Nexis) (Year) Reports) Reporter) of Supreme Court Reports)

  27. The Role of Managersin Legal Compliance To recognize, analyze and deal effectively with employment law issues. To put in place sound policies and practices that PREVENT legal problems from arising in first place . To enforce compliance with established law and develop strategies for dealing with legal issues that are not clear. To know when to seek legal counsel.

  28. Employment at Will 1 The starting point for any analysis or discussion of U.S. employment law is the “Employment at Will” doctrine. Many people mistakenly believe that they cannot be fired as long as they are doing a good job, but this is not true.

  29. Employment at Will 2 Rule: An employee can quit at any time for any reason or no reason at all. Rule: An employer can fire an employee at any time for any reason or no reason at all, except for reasons prohibited by law. In both cases, if the parties’ relationship is governed by a contract, the contract controls. Example : employment contracts of managers & others; union collective bargaining agreements (CBAs)

  30. The Doctrine of Employment at Will has survived because of: • The Doctrine of Mutuality of Obligation • Consideration

  31. Limitations to Employment at Will • Tort law: Public Policy • Contract law • Good Faith and Fair Dealing

  32. The Public Policy Exception falls into 3 Categories • The refusal to commit an unlawful act. • The performance of an important public obligation. • Exercising a right or privilege.

  33. Contract Theories • Implied contract • Oral contract • Promissory estoppel

  34. Duty of Good Faith & Fair Dealing Examples of “bad” faith • Depriving employee of an accrued or about to accrue right. • Employer’s policies require some notice or a procedure. • Employer’s outrageous conduct.

  35. SeeEckhardt et al. v. Yerkes Regional Primate Center, 254 Ga. App. 38, 561 S.E.2d 164, 2002 Ga. App. LEXIS 253 (2002)

  36. Introduction to Wrongful Discharge • Judgments for wrongful discharge becoming more frequent • Compensatory damages – given to compensate party for direct losses due to injury • Punitive damages – given to punish wrongdoers and to deter similar conduct in the future • Constructive discharge – employer creates environment in which employee has no option but to leave

  37. Other Wrongful Discharge • Based on tort liability • Tort – violation of a duty other than under a contract • Result of intentional and outrageous behavior of employer that causes emotional distress to employee • May be limited by workers’ compensation laws • May arise from defamation of employee or wrongful invasion of privacy

  38. Problems • #1 Tom was an insurance inspector. He had excellent credentials & a secure future with the Maryland Insurance Company. The Pennsylvania Insurance Company was expanding its department, and was eager to hire someone with Tom’s background. They made him an “offer he couldn’t refuse:” a significant increase in salary, a new company car every year, and the promise that he would be a manager in two years. Tom left Maryland & took a job with Pennsylvania.

  39. A few months after Tom joined Pennsylvania, problems began to develop with his supervisor, Mike. Tom felt that Mike resented the fact that he (Tom) was obviously more knowledgeable in their field, and consequently, constantly criticized and corrected everything Tom did. Mike felt that Tom repeatedly ignored company procedures, and Mike’s requests to do the work properly. Tensions grew, and 8 months after he was hired, Tom was fired by Mike.

  40. Pennsylvania Insurance Company publishes a personnel manual that is given to supervisors only. It details the steps that must be followed to terminate an employee. If the employee’s work is unsatisfactory, he must first be given an informal warning. He is placed on probation for 3 months, during which time his supervisor is to work with him to help him improve his work. If there is no improvement, he can be dismissed. Mike failed to follow these procedures before terminating Tom. Tom plans to sue Pennsylvania for wrongful discharge. Will he be successful? He admits that while he was employed at Pennsylvania, he was unaware of the personnel manual and the procedures for dismissal.

  41. #2 Female employees at Smith Co. were finding messages in their mailboxes that were suggestive, demeaning, and even a little threatening. The notes were handwritten, but no one could recognize the handwriting. About this time Leo left to go on a 2 week vacation. When he returned he was told that he was being terminated. During his absence, a handwriting expert was brought in and identified the handwriting in the notes as being Leo’s. Leo vehemently denied this, and asked for a chance to vindicate himself. The company refused, and told him to leave immediately. Is there any basis upon which Leo can bring suit against Smith?

  42. What Would You Do? An employee has been repeatedly late to work, and has had several disagreements with his supervisor. Although his work is superior, these problems continue over the course of two weeks, and grow worse. As Human Resources Manager, what should you do?

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