At-Will Employment and Termination

Employer must give as much notice as is practicable in the event of

1.) A plant closing or mass layoff due to a natural disaster 2.) The plan closing or mass layoff is caused by business circumstances that were not reasonably foreseeable 60 days in advance 3.) The employer was seeking new capital or business to keep the plan open and reasonably believed that giving notice would have ruined the opportunity.

Employer penalties for violating the WARN Act

1.) Back pay to each employee affected, up to a max. of 60 days of pay. 2.) Reimbursement of the employee's benefit costs that would have been paid by the company. 3.) A fine of $500 per day for each day of the violation up to a maximum of $30,000 4.) Attorneys fees

Employers are required to provide 60 days written notice to the ___ ___ __, such as the mayor of the city in which the layoff/closing will take place and to the ___ ___ ___ of the state in which the closing will occur.

1.) Chief Local Elected Official 2.) Dislocated Worker Unit

The courts evaluate what six things to determine whether an implied employment contract is binding?

1.) Duration of employment 2.) Whether you received regular promotions. 3.) Whether you consistently received positive performance reviews. 4.) Whether you were assured that you would have continuing employment 5.) Whether your employer violated a usual employment practice in firing you 6.) Whether promises of permanence were made when you were hired.

Courts examine the following when they evaluate a retaliation allegation

1.) If the person who made the job decision against you has knowledge about the action you took. 2.) Your prior work record 3.) The timing of your actions and the employment decision.

To prove fraud in employment you must prove

1.) The employer made a false representation 2.) Someone in charge knew of the false representation 3.) Your employer intended to deceive you or have you rely on the representation 4.) You relied on the representation as the truth 5.) You were harmed by relying on the information

Employers are not required to provide notice if:

1.) The plant closing or mass layoff is due to strike or lockout 2.) The employees affected were working at a temporary facility or on a temporary project.

It is illegal for an employer to fire you because

1.) You filed a worker's compensation claim 2.) You file an FLSA complaint 3.) You report an OSHA violation 4.) You claim your rights under Title 7 of the CRA 5.) You exercise your right to belong to a union 6.) You exercise your right to use FMLA 7.) You refuse to take a lie detector test or drug test given without good reason 8.) Have your payment subject to an order for child support

To prove retaliation

1.) You must have been engaged in a legally protected activity 2.) Your employer took adverse action against you. 3.) There is a direct connection between your activity and your employer's actions.

Mass Layoff defined by WARN Act

A reduction in employees that results in employment loss at a single site of employment during a 30-day period of at least 500 employees or between 50 and 499 employees if they make up at least one third of the workforce. Any layoffs or plant closings that happen in a 90-day period are considered one event for the purposes of determining the plant closing and mass layoff thresholds.

Defamation

Act of harming or ruining another's reputation. Typically, the plaintiff seeks compensation for reputational harm. In regards to an employer, you must show that in the process of dismissing you from your job, or providing references to potential new employers, your former employer made a false statement that significantly damaged your good name and jeopardized your chances for gaining new employment.

At-Will Employment Agreements

Agreements which specify the basic terms of the employment agreement (such as salary and title) but reaffirm the Company's right to terminate the employee at any time for any reason that is not illegal.

Implied Promises

An implied contract that is formed based on the words and actions of the employer and employee.

Lazar v. Superior Court of Los Angeles County

Andrew Lazar moved from New York to California for his dream jobs after being assured by Rykoff, Inc. that the company was fiscally strong and growing. Lazard worked hard and well, exceeding sales goals, increased sales, and lowered operating costs. After two years, Mr. Lazar was terminated as the company was downsizing because the company was never fiscally sound. Lazar sued claiming Company never intended to make him a permanent part of the staff, never intended to pay the wages and bonuses it promised Company was found guilty of fraud.

The Worker Adjustment and Retraining Notification Act (WARN Act)

Applies to employers with 100 or more employees. Requires the employer to provide a sixty-day written notice to employees before a plant is closed or mass layoff.

Payne v. The Western & Atlantic Railroad Company (1884)

Court ruled that employers do not need a reason to fire employees. Employers may fire any or all of their workers at will.

What is one area that offers a fertile ground for exceptions to the employment at-will doctrine

Employee handbooks. However, courts are reluctant to find an implied employment contract based on language in an employee manual.

Plant Closing Laws

Laws that only apply to mass layoffs of employees. These laws require that companies give notice to employees that their jobs are going away, whether the employees like it or not.

Play-Fair Provision

State laws that require employees to tell their employers about the wrongdoing first, to allow them the opportunity to fix the problem.

Plant Closing

The permanent or temporary shutdown of a single job site. Or One or more facilities in a job site that would result in employment loss for 50 or more employees during any 30-day period.

T/F: Montana is the only state where employees may be fired for good cause once they have completed a probationary period

True.

T/F: Most legal principles and practices are on the side of the employer?

True.

T/F: Oral contracts do exist but are more difficult to prove and are just as legally valid

True.

T/F: Whistleblowers are protected from retaliation only if they act in good faith and have some good reason to believe that the information they report to authorities is accurate.

True.

Written Promises

Written employment contracts that set out the terms of your work, pay, and benefits. The contract may be enforceable against an employer that ignores any of its provisions.

To prove defamation, the employee must prove the employer...

Your former employer made a false statement of fact about you Told or wrote that statement to at least one other person Knew that the statement was false OR acted recklessly or negligently with regard to the truth of the statement Harmed you in some way by communicating the statement, such as causing others to shun you, or causing you to lose a job or promotion. The words said must also be more than a personal opinion. Examples are as follows: Committed a crime Performed job duties incompetently Improperly used drugs or alcohol Acted in some other way that clearly implied unfitness for a particular job

In proving retaliation the former employer is free to show that there was...

a legitimate reason other than retaliation

Retaliation

act of returning an injury or wrong

whistle-blowing

informing the press or government officials about unethical practices within one's organization

public policy exception

prohibits employers from firing employees engaged in activities that further the public interest

Employment at will does not protect an employer from a ___ ___ claim if a worker is fired for complaining about illegal conduct or a wrong an employer committed.

wrongful discharge