Employment-at-will

201-500 employees

$200,000

>500 employees

$300,000

15-100 employees

$50,000

Class Action Lawsuits

-Claims must be sufficiently similar to justify certification: Commonality

Implied Contrat

-Employee handbooks -promises with reliance

What are the 3 people to enforce employment laws

-Government -Individual Plaintiffs -Class Action lawsuits

What starts the clock running?

-Look at when the complianed of conduct occurred -Equitable tolling- plantiff's ignorance -Continuing violation

Public Policy

-Terminating an employee for refusing to commit an illegal act -Terminating an employee for filling a workers' compensation claim (Frampton Claim)

The Government

-The equal employment opportunity commission -The Department of Labor

True of False employment claims be filed in state court?

-They can, but are generally subject to removal

Damages Available Look at the underlying substantive law:

-reinstatement/back pay/front pay -Compensatory damages-to compensate for injuries (job search/emotional distress) -punitive damages-punish -attorneys' fees

100,000

101-200 empoloyees

HOW MANY DAYS DO YOU HAVE TO FILE WITH THE EEOC

180 days for statue 300 days in certain statues with Fair Employment practices Agencies

Almost all employment claims in Indiana are filed under ___________

Almost all employment claims in Indiana are filed under Federal law

Employment at-Will

An employer or employee can terminate their employment with or without notice and with or without cause for any reasons except an unlawful reason.

A contract wherein the parties agree that disputes will be submitted to arbitration and not be filed in court

Arbitration agreement

Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration and waive class proceedings is enforceable

Epic systems

Employees must follow all instructions given by supervisors or they can be legally fired for insubordination

FALSE

True or False Employment-at-will is a written contract between an employer and employee that allows either party to terminate the relationship "at-will".

FALSE

Unionized employees are also at will employees

FALSE

True or False The EEOC does 3 things -Investigates -Prosecutes -Goes to trial

FALSE The EEOC -Investigates -Prosecute -Issue Notice of Rights

DIAGRAM

Federal district court->7th circuit court of appeals->U.S. Supreme Court

Some claims are State law Claims

Frampton Claims Breach of contract claims

Is Employment at-will- good or bad?

Good for HR easy to get rid of people Good for employee because you can leave with no explication How does someone determine if fired for legal or illegal reason?

In _________ cases, courts are generally trying to place a victim in the position the person would have occupied but for the discrimination

In discrimination cases, courts are generally trying to place a victim in the position the person would have occupied but for the discrimination

All states except ________ have adopted laws that recognize employment at-will

Montana All states except Montana have adopted laws that recognize employment at-will

Plaintiffs have a duty to _____, defendant must prove a failure to mitigate

Plaintiffs have a duty to mitigate damages defendant must prove a failure to mitigate

Arbitration agreements WHAT IS ARBITRATION

Settlement of a dispute between parties by a neutral third party

Contracts can be implied from oral statements by mangers and supervisors

TRUE

What is caps

The amount of punitive and compensatory damages that may be awarded to the plaintiff for "future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non pecuniary losses" Cap on damages recoverable under TITLE VII does not limit front pay, which is not compensatory damages or recovery under state anti discrimination statues.

WHAT IS JURISDICTION?!

The authority over a person or subject matter. -Federal Question Jurisdiction -Diversity Jurisdiction

Timelines for Filing Actions Statue of Limitations

The time period within which a legal action must be filed

Where is a claim filed? Certain laws have adminstrative remedies which must be exhausted prior to filling a lawsuit in court.

Title VII, the ADEA and the ADA- all must be submitted to the EEOC prior to filling a civil complaint. -claims under the ICRA must be submitted to the ICRC

Where do you find the SOL

Underlying substantive law

Why have employees been using arbitration agreements?

employees have been using way to limit court costs

Exceptions to Employment at-will

public policy Implied contract Convenant of Good Faith and Fair dealing Employment Agreement Union workfore (collective bargaining agreement)