Employment-at-Will Doctrine
How can implied contract arise?
-A manual or bulletin that is drafted and distributed by the employer if the manual extends protections or process not under employment-at-will (handbook) -An oral promise made by employer that a reasonable person would believe extended protection (like saying family business in interview)
What are some choices of law companies have that could vary for employees?
-Dismissal -Minimum pay -Organization -Work hours -Overtime pay -Leave of absence -Working conditions -Employment discrimination
What are the exceptions to limit the applicability of the rule?
-Employee has an express contract -Courts have fashioned a common law exception to protect the employee -Some statutory protection against job termination (like antidiscrimination) protects the employee
What are personnel file notifications in MA?
-Employer must notify an employee whenever the employer modifies file that may negatively affect employment -Employee has a right to inspect personnel file and submit explanation
What are three common law exceptions to limit harshness of employment-at-will rule?
-Public policy exceptions -Implied contract -Covenant of good faith and fiar dealing
What are protections are public policy exception?
-Whistleblower protection -Refusal to perform illegal act -Excercising a right or privilege
What is a whistleblower?
An employee or agent who reports an employer's unlawful conduct or a statutory violation to the authorities
What are the whistleblower protections in MA?
An employer cannot take retaliatory action again employee who: -Discloses employer actions that pose a risk to public health, safety, or the environment -Provides info to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law that poses a risk to public health
What is the employment-at-will doctrine?
An employer has the right to terminate an employee with or without advance notice and with or without just cause
Who enforces personnel notifications?
Attorney general
How does a false claims act begin?
By notifying the governing of intention to file False Claims Act suit, Department of Justice has right to pursue the case on behalf of the government after
Is employment-at-will common law or not?
Common law
What is the common law exception adopted by the least number of states?
Covenant of good faith and fair dealing because of its broad coverage
What is an express contract?
Employee has a contractual relationship with the employer that is intended to displace employment-at-will rule
What is the MA False Claims Act?
Employee protection provision that entitles an employee, contractor, or agent to any relief necessary to make them whole, MA protects people by law
What is included in express contract?
Employee's rights in the case of termination, ordinarily lists the events of cause for termination and any post-termination obligations
What are employee rights on contraints for dismissal in the US?
Employees have the option of quitting their employment at any time for any reason
What is the implied contract exception?
Employment-at-will relationship may be converted to a contract if the employer acted in a manner that would lead a reasonable person to believe the employer intended to offer an employee protection from termination without cause
What are labor contracts designed to do?
Ensure that treatment of employees is consistent with standards of collective bargaining agreement
What is the false claims act?
Federal statute that contains an anti-retaliation provision that protects employees who disclose that their firm has committed fraud in dealing with contracts with federal government
When can employers terminate employees with whistleblower claims?
If they show termination was for reasons separate from and independent of any whistleblowing
What are collective bargaining agreements?
Negotiated by a labor union on behalf of the employees, often provide protections by prescribing a process the employer must follow before terminating an employee
Do all states recognize the same common law exceptions?
No
Can people be let go because of individual characteristics?
No (age, pregnancy, gender, etc.) must be a legit reason
Can employers generally terminate employee as retaliation for reporting employer to authorties?
No, federal employees and companies that contract with government are protected from Whistleblower Protection Act of 1989
What is labor law?
Primarily concerns the rights and responsibilities of unionized employees
What is the covenant of good faith and fair dealing?
Protects employees from job termination without just cause or in bad faith or with malicious intent (firing everyone close to retirement is an example)
What is the most widely used common law exception?
Public policy
What does the public policy exception do?
Recognizes that employers cannot fire an employee for a bad reason or for excercising legal right
What is employment law?
The body of law that governs the employer to employee relationship
Can employers still terminate employee's with express contracts?
Typically only for "good cause", such as violation of workplace rule or criminal act
Are there state whistleblower statutes?
Yes, but they are more complex because each state has their own and offers a wide range of protection
Are there federal and state statutes that displace common law employment-at-will rules?
Yes- examples include antidiscrimination law and preventing employees for unionizing or performing civic duty (jury)
