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)