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17 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Employment at will
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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
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_____ & _______ supersede E@W
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Contracts & Legislation
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Individual or collective employment contracts
Federal or state legislation |
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Examples of Federal legislation that supersedes E@W
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Civil rights act 1964 & 1991
ADA Age Discrimination act |
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Examples of State legislation that supersedes E@W
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(varies by state)
Jury duty Workers comp Whistle blowing |
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Whistle blowing in Ga
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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 |
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Common law exceptions to E@W
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1- Public policy
2- Implied contract 3- Covenant of good faith and fair dealing |
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Public policy
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terminating the employee for refusing to do something illegal, unethical or unsafe
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Common Law Exception #1: Public Policy
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Ga does not recognize- say make a contract don't make us guess
Example Engaging in a criminal act Whistle blowing |
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For a public policy exception courts look at :
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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? |
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Common Law Exception #2: Implied contract
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Not in ga
Employee handbook or bulletin board Written assurances Oral assurances |
Disclaimer
in english easy to understand |
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Common law exception #3: implied covenant of good faith and fair dealing
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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 |
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Workers adjustment and retraining notification act (WARN)
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Requires employers to give notice to plant closings or mass layoffs to employees
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Under WARN private employers with >100 employees
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60 days advanced notice
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Plant closings
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50 or more employees during and 30 day period
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Mass layoffs
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33% of active work force up to 500 employees for 30 days
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WARN does not include...
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closings cause by natural disasters, faltering company, or unforeseen circumstances
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Noncompete
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reasonable in time, geography, and scope
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