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17 Cards in this Set

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  • Back
  • 3rd side (hint)
Employment at will
A common law doctrine

Establishes the basic parameters of the employer-employee relationship
Either the employer or the employee can terminate the employment relationship at a any time, for any reason
_____ & _______ supersede E@W
Contracts & Legislation
Individual or collective employment contracts

Federal or state legislation
Examples of Federal legislation that supersedes E@W
Civil rights act 1964 & 1991
Age Discrimination act
Examples of State legislation that supersedes E@W
(varies by state)
Jury duty
Workers comp
Whistle blowing
Whistle blowing in Ga
Only applies to public employees

Only to the extent for being fired if followed the channels through the employer

If goes to newspaper its void
Common law exceptions to E@W
1- Public policy
2- Implied contract
3- Covenant of good faith and fair dealing
Public policy
terminating the employee for refusing to do something illegal, unethical or unsafe
Common Law Exception #1: Public Policy
Ga does not recognize- say make a contract don't make us guess

Engaging in a criminal act
Whistle blowing
For a public policy exception courts look at :
How clear is the mandate for the public policy-- are there statutes or constitutional provisions to protect this right?

What is the impact of the discharge on this policy?
Common Law Exception #2: Implied contract
Not in ga

Employee handbook or bulletin board

Written assurances

Oral assurances
in english
easy to understand
Common law exception #3: implied covenant of good faith and fair dealing
Not in ga- would open flood gate top courts

Potentially read into every employment relationship

Either employer personnel decisions are.
Subject to "just cause" standard or

Terminations made in bad faith or motivated by malice are prohibited
Workers adjustment and retraining notification act (WARN)
Requires employers to give notice to plant closings or mass layoffs to employees
Under WARN private employers with >100 employees
60 days advanced notice
Plant closings
50 or more employees during and 30 day period
Mass layoffs
33% of active work force up to 500 employees for 30 days
WARN does not include...
closings cause by natural disasters, faltering company, or unforeseen circumstances
reasonable in time, geography, and scope