Chapter 34

Question 1

Employment at will

Answer 1

A common law doctrine under which either party may terminate an employment relationship at any time for any reason unless a contract specifies otherwise
(Only Montana does not apply it)

Question 2

Exceptions to employment at will doctrine

Answer 2

Exceptions based on:
Contract theory
Tort theory
Public policy

Question 3

exceptions based on contract theory

Answer 3

If there is an implied contract and the employer is fired outside the terms there can be action for a breach

Question 4

Exceptions based on tort theory

Answer 4

• wrongful discharge

- fraudulent promises

Question 5

Exceptions based on public policy

Answer 5

• most common exception

- the employers reason for firing violates public policy (whistleblowing)

Question 6

whistleblowing

Answer 6

An employees disclosure to government, the press, or upper-management authorities that the employer is engaged in unsafe or illegal activities

Question 7

wrongful discharge

Answer 7

An employers termination of an employees employment in violation of an employment contract or laws that protect employees

Question 8

Minimum wage

Answer 8

The lowest wage either by government regulation or union contract that an employer may lag an hourly worker
-7.25 per hour (federal)

Question 9

overtime

Answer 9

If an employee works more than 40 hours a week they must be paid 1.5 times the regular wage
- admin, executive, outside salespersons, computer programmers are exempt

Question 10

Layoffs

Answer 10

• employers with 100+ employees must give 60 day notice for mass layoffs (can be fined if don’t)

Question 11

Family/medical leave

Answer 11

• an employer with 50+ employees must provide up to 12 weeks of unpaid leave during 1 year
• newborn baby
• adopted child
• spouse, child, parent who’s sick
• serious health condition unable to work
• non medical emergency if spouse child or parent is active duty military
• 26 weeks of military caregiver leave within 1 year
• still gets benefits/healthcare during leave

Question 12

workers compensation laws

Answer 12

State statutes establishing an administrative procedure for compensating workers injuries that arise out of or in the course of their employment regardless of fault
- domestic, agricultural, temporary, common carrier workers are excluded

Question 13

Workers comp requirements

Answer 13

1. Existence of an employment relationship
2. Accidental injury that occurred on the job or in the course of employment
   - must file with 60 days - 2 years
   - if accept workers comp you cannot sue. Only if employer intentionally hurt you

Question 14

Vesting

Answer 14

A pension plan becomes vested when an employee has a legal right to the benefits purchased with the employers contributions even if the employee is no longer working for this employer

Question 15

Unemployment

Answer 15

• must be willing and able to work, just can’t find job

- workers who have been fired for misconduct or voluntarily left are not eligible

Question 16

Electronic monitoring

Answer 16

• nongovernment employers are prohibited from intercepting employees stiff unless made on work devices
• but they are free to use filtering software
• employer must notify employee they are being monitored

Question 17

Other types of monitoring

Answer 17

• lie detector tests are prohibited
• drug testing is allowed
• can’t make decisions based on genetic testing

Question 18

I-9 verifications

Answer 18

A form from the dept of homeland security, US citizenship, and immigration services used for employment eligibility verification; a form that documents that each new employee is authorized to work in the US

Question 19

I-551 alien registration receipt

Answer 19

Proof that a noncitizen has obtained permanent residency in the United States; green card

Question 20

National labor relations act (employers cannot )

Answer 20

1. Interfere with efforts of employees to join, form or assist labor organizations
2. Dominate a labor organization or contribute financially to one
3. Discriminate in hiring bc of union affiliation

Question 21

Cease and desist order

Answer 21

An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal

Question 22

Closed shop

Answer 22

A firm that requires union membership by its workers as a condition of employment
- made illegal in 1947

Question 23

Union shop

Answer 23

A place of employment in which all workers, once employed must become union members within a specified period of time as a condition of their continued employment

Question 24

Right to work laws

Answer 24

A state law providing that employees are not to be required to join a union as a condition of obtaining or retaining employment

Question 25

Hot cargo agreements

Answer 25

An agreement in which employers voluntarily agree with unions not to handle, use or deal in nonunion- produced goods of other employers; a type of secondary boycott explicitly prohibited by the LMRDA in 1959

Question 26

Authorization card

Answer 26

a card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management. Unions typically use these cards as evidence of employee support during union organization

Question 27

Collective bargaining

Answer 27

The process by which labor and management negotiate the terms and conditions of employment including working hours and workplace conditions

Question 28

Strike

Answer 28

An extreme action undertaken by unionized workers when collective bargaining fails; the workers leave their jobs, refuse to work and typically picket the employers workplace

Question 29

Illegal strikes

Answer 29

1. Violent strikes 2. Massed picketing 3. Sit down strikes 4. No strike clause 5. Secondary boycotts 6. Wildcat strikes

Question 30

Secondary boycotts

Answer 30

A unions refusal to work for, purchase from or handle the products of a secondary employer, with whom the union has no dispute for the purpose of forcing that employer to stop doing business with the primary employer with whom the union has a labor dispute

Question 31

Lockouts

Answer 31

Occurs when an employer shuts down to prevent employees from working typically because it cannot reach a collective bargaining agreement with the union