Employment Law
5 Major Exceptions to Employment at will
1) Contract 2) Good Cause 3) Discrimination amongst a Protected Class 4) Violation of Public Policy 5) Whistleblowing
The employment law created in response to fraudulent handling of pension plans that derived employees of savings at the time of their retirement is
ERISA
Employment at will
Employees are allowed to quit at any time for any reason. Vice versa with employers and termination
Employee handbooks are legally enforceable guidelines
False
Freddie is fired from a local restaurant after he reports the restaurant to the local health inspector for failing to maintain required food temperatures on its buffet. The firing is lawful
False
If more than 75% of employees vote for a union, the NLRB designates the union as the exclusive representative of the employees.
False
Injured employees whose damages exceed workers' compensation insurance coverage may sue their employer for the additional damages.
False
OSHA regulations are the same regardless of industry.
False
Occupational Health and Safety Administration
Government agency responsible for enforcing the act. May inspect workplaces to ensure safety and place fines for violations of the act. Can provide criminal penalties if the violation is willful.
Henry works for a car repair shop that employs 15 people. Henry's first child is on the way and Henry requests FMLA leave. The repair shop
May deny Henry's request because the repair shop not subject to the FMLA
Occupational Health and Safety Act
Requires employers to provide a workplace that is free from recognized hazards likely to cause death or serious harm to employees
Public Policy
This exception occurs when an employee is fired for refusing to perform an action that violates a law or public policy, or exercising a legal right
Fair Labor Standards Act FLSA
Federal law in 1938 that nationalized standards for pay, record keeping and child labor. Minimum wage, minimum age and overtime
Family Medical Leave Act FMLA
Federal law that guarantees up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition of their own or an immediate family member: spouse child parent
Workers' compensation is an insurance system whereby employees injured on the job can recover compensation without a lawsuit. Workers' compensation is a no-fault system.
True
employees may quit a job at any time for any reason, with or without notice.
True
Good Cause
theft, fraud, damage to company property, being under the influence of drugs or alcohol at work, fighting, threatening, domestic violence, having weapons on premises, unethical behavior, malicious behavior
Employee Retirement Income Security Act (ERISA)
to regulate employee sponsored pension plans. Requires that employers disclose a large amount of information regarding the funding and vesting of pension plans
Typically, employees who voluntarily quit their job are not entitled to unemployment compensation insurance.
True
Whistleblower
an employee who reports or exposes an employer's illegal behavior to a government or law enforcement agency