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113 Cards in this Set
- Front
- Back
1884
payne v the western & atlantic railroad co. |
defined employment at will
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1869
bureau of labor statistics |
studies industrial accidents and maintain accident records
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1890
sherman anti-trust act |
controlled business monopolies allowed court injunctions to prevent restraint of trade
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1914
clayton act |
limited use of injunctions to break strikes; exempted unions from sherman anti-trust act
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1916
federal employees compensation act |
provided benefits similar to worker compensation for federal employees injured on the job
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1926
railway labor act |
protected unionization rights; allowed 90-day cooling off period to prevent strikes in national emergencies.
covers railroads and unions |
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1927
longshore and harbor worker's compensation act |
provided worker's compensation for maritime workers injured on navigable us waters, piers, docks and terminals
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1932
Norris-laguardia act |
prootected rigt to organized; outlawed yellow dog contracts- contracts used to prevent employes from joining unions
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1935
National labor relations act (wagner act) |
-protected right of workers to organize and bargain collectively
-id'd unfair labor practices -established the NLRB |
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1935
Federal insurance contributions act / social security act |
required employers and employees to pay social security taxes
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1936
federal unemployment tax act |
required employers to contribute a percentage of payroll to an unemplomeny insurance fund
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1936
public contracts act (walsh-healey act) |
required contractors to pay prevailing wage rates
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1938
fair labor standards act |
-defined exempt and nonexempt employees
-set min wage -set 1.5 pay for non-exempt overtime -limited hours and type of work for children -required record-keeping |
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1947
labor management relations act (taft-hartley) |
-prohibited closed shops which required everyone to be a member of the union
-restricted union shops;which state must join union within a period no less than 30 days -allowed states to pass right to work laws -prohibited jurisdictional strikes and secondary boycotts -allowed employers to permanently replace economic strikers -established federal mediation conciliation serivce 80-day cooling off period for national emergency strikes |
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1947
portal-to-portal act |
clarified definition of hours worked for flsa
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1952
patent act |
established us patent and trademark office
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1959
labor management reporting and disclosure act (landrum-griffin) |
-controlled internal union operations
-provided bill of rights for union members -allowed members to sue union -set term limit for union leaders |
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1963
equal pay act |
required that employees that performed substantially similar or identical work be paid the same wage or salary rate
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1964
title 7 of the civil rights act of 1964 |
-established the eeoc
-prohibited discrimination based on rae,creed,sex, color, or national origin |
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1965
EO (executive order) 11246 |
-prohibited discrimination based on race, creed, color, class, origin
-required affirmative steps for all terms and conditions of employment -required a written aap for 50+ employees |
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1965
immigration and nationality act |
-eliminated national origin race and ancestry as bars to immigration
-set immigration goals for reunifying families and preference for specialized skills |
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1965
service contract act |
required gov contractors to pay prevailing wages and benefits
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1967
age discrimination in employment act |
prohibited discrimination against 40+ age
-established conditions for BFOQ (bona-fide ocupational qualifications) exceptions |
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1967
EO 11375 |
added sex to protected classes in EO 11246
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1968
consumer credit protection act |
limited garnished amounts on wages
-prohibited discharge of employees for single garnishment |
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1969
EO 11478 |
included disabled individuales and those 40+ in protected classes
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1969
black lung benefits act |
provided benefits for coal miners sufering from pneumoconiosis due to mine work
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1970
Occupational safety and health act |
-required employers to provide a safe workplace and comply with standards
-established OSHA to enforce regulations -established NIOSH to reasearch, evaluate , and recommend hazard reduction measures |
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1970
fair credit reporting act |
required employers to notify candidates that credit reports may be obtained
-required written authorization by the candidate and that the employer provide a copy of the report before taking adverse action |
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1971
griggs vs duke power |
-required employers to show that job requirements are related to the job
-established lack of intention to discriminate is not a defense against discrimination |
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1972
equal employment opportunity act |
-complainants must have burden of proof for disparate impact
-gave litigation authority to eeoc -extended time to file complaints |
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1973
rehabilitation act |
expanded oportunities for people with mental or physical disabilities and provided remedies for victims of discrimination
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1974
privacy act |
prohibited federal agencies from sharing information collected about individuals
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1974
vietname era veterans readjustment asistance act |
provided equal opportunity and affirmativ action for vietnam veterans
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1974
employee retirement income security act |
-established requirements for pension, retirementm and welfare benefit plans including medical, hospital, ad&d and unemployment benefit plans
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1975
albemarle paper vs. moody |
-required that employment tests be validated
-subjective supervisor rankings are not suficient validation -criteria must be tied to job requirements |
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1975
NLRB vs J Weingarten, inc |
union employees can request union representation during any investigatory interview that could result in disciplinary action
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1976
Washington v Davis |
Established that employment selection tools that adversely impact protected classes are lawful if they hae been validated to show future success on the job
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1977
mine health and safety act |
-established mandatory mine safety and health standards
-created MSHA |
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1977
automobile workers vs, johnson controls |
decision about welfare of children must be made by parents and not employers
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1978
uniform guideling on employee selction procedures |
established guidelines to ensure that selection procedures are both job related and valid predictors of job success
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1978
pregnancy discrimination act |
required that pregnancy be treated the same as any other short-term disability
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1978
civil service reform act |
-created senior executive service, merit sysstems protection board, office of personnel management and the federal labor relations authority
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1978
revenue act |
established section 125 and 401(k) plans for employees
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1979
EO 12138 |
Created national women's business eterprise policy
-required affirmative steps to promote and support women's business enterprises |
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1980
guidelines on sexul harassment |
assisted employees to develop antiharass policies
-established complaint procedures -investigate complaints promptly and impratially |
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1984
retirement equity act |
lowered age limits on participation and vesting in pension benefits
-required written spousal consent to not provide survivor benefits |
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1986
consolidated omnibus budget reconciliation act |
provided continuation of group health coverage upon a qualifying event
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1986
tax reform act |
reduced income tax rates and brackets
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1986
immigration reform and control act |
prohibited employment of individuals who are not authorized to work in the us
-required i-9's for all employees |
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1988
drug-free workplace act |
required federal contractors to develop and implement drug-free workplace policies
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1988
employee polygraph protection act |
prohibite use of lie detector tests except under limited circumstances
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1988
worker readjustment and retraining notification act |
required 60 days notice for mass layoffs or plant closings
-defined those terms -id'd exceptions |
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1990
americans with disabilities act |
required reasonable accomodation for qualified individuals with disabilities
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1990
older worker benefit protection act |
ammended adea to prevent discrimination in benefits to wrokers over 40
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1990
immigration act |
required prevailing wage for holdes of H1(b) visas and set H1(b)quotas
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1991
civil rights act |
-allowed compensatory and punitive damages
-provided for jury trials -established defenses to disparate impact claims |
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1991
glass ceiling act |
commision to determine existence of glass ceiling and barriers for women and minorities
eeoc now conducts auidt on the presence of women and minorities at all corporate levels |
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1992
unemployment copensation amendments |
reduced rollover rules for lump sum distribution of qualified retirement plans; required 20% witholding for some distributions
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1992
national energy efficiency act of 1992 |
set max transit subsidy at $60/month for employees
limited tax-free paarking benefits to $155/month |
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1993
family and medical leave act |
-required qualifying employers to provide 12 wks unpaid leave to elegible employees for the birth or adoption of a child or to provide cae for relatives with serious health conditions; or to employees unable to perform job duties due to a serious health condition
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1993
taxman v board of education piscataway |
found that in the absence of past discrimination or underrepresentation of protected classes preference may not be given to protected classes in making layoff decisions
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1993
harris v forklift systems |
defined actionable hostile work environment as that which goes beyon offensive and results in tangible psychological injury
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1993
omnibus budget reconciliation act |
revise rules for employee benefits
-max deduction for executive pay at $1million mandated some benefits for medical plans |
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1994
uniformed services employment and reemployment rights act |
protect the right to reemployment and benefit rights of reservists called to duty
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1995
congressional accountability act |
required all federal employment regulations to apply to congressional employees
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1996
illegal immigration reform and immigrant responsibility act |
reduced numbers and types of documents to prove identity
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1996
mental health parity act |
required insurers to provide the same limits to mental health as provided to physical benefits
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1996
health insurance portability and accountability act |
-prohibited discrimiation based on health status
-limited heath insurance restrictions for pre-existing conditions -required a certificate of group health plan coverage upon plan termination |
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1996
personal responsibility and work opportunity reconciliation act of 1996 |
required employers to provide info about all new or rehired employees to state agencies to enforce child support orders
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1996
small business job protection act |
-redefined highly compensated individuals
-detailed min partticipation requirements -simplified 401(k) tests -coorected qualified plan and disclosure requirements |
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1996
small business regulatory enforcemen fairness act |
provided that an sba ombudsman act as an advocate for small business owners in the regulatory process
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1998
EO 13087 |
expended coverage of protected classes to include sexual orientation
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1998
burlington industries vs Ellerth |
-employers have vicarious liability for employees victimized by supervisor with immediate or higher authority over them who create a hostile work env.
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1998
fragher v city of boca raton |
established that employers are responsible for employees actions and have responsibility to control them
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1998
oncale v sundowner offshore sevices |
extended def of sexual harassment to include same sex
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2000
epilepsy foundation of northeast ohio |
NLRB estended weingarten rights to nonunion employees by allowing employees request a coworker be present during an investigatory interview that could result in disciplinary action
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2000
mb sturgis |
temporary employees may be included in client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly
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2000
needlestick safety and prevention act |
mndated reord keeping for all needlesticks and sharps injuries; required employee involvement in developing safer devices
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2000
energy employees occupational illness compensation program act |
provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
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2000
EO 13152 |
added status as parent to protected classes
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2002
sarbanes oxley act |
see other card with info
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1968
rosenfeld v southern pacific |
determined california labor code as discriminatory
extended hours a woman could work ad weight limit |
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1969
weeks v soutern bell telephone co |
removed georgia's weight liimit and sex not a bfoq
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1973
mcdonnell douglas corp v green |
established guidelins for a prima facia case in discrimination
1. complainant establishes case by showing -belongs to racial minority -applied and was qualified for a job seekign apllicants -rejected despite qualifications -after rejection position remained open |
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1978
regents of CA v Bakke |
acknowledged need to consider race but determined it should not be done through quota and leave non-minority applicants with better scores out
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1979
united steelworkers v weber |
aap had ben negotiated
and permissible because it was used to eliminate racial imbalance |
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1981
texas dept community affairs v burdine |
ruled that employers aren't require to prove the nondiscriminator reasons for an employment actions but are requiresto explain their nondiscriminatoryreasons for the action
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1987
Johnson v santa clara county |
if there is a moderate flexible cases by case approach in AAP which is flexible and temporary; designed only to correct workforce imbalance then placing a less qualified member of a protected class is valid and not discriminatory
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1987
school board of nassau v arline |
-person with a contagious disease could be considered as handicapped
-posing serious health threat does noe exclude them from coverage of act -the decision of whether someone poses a serious health threat to others should be left to public health officials |
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handicapped individual
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has a physical or mental impairment which subtantially limits life activities, has a history of oris regarded as having such impairment
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1989
martin v wilks |
where there has been a consent decree after suit, a following suit for reverse discrimination is entitled to challenge validity of consent decree
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1992
electromation v nlrb |
not all employee participation committees are employer-dominated organizations and can serve a useful purpose of they are not
-paying employees who participate in commites at work does not violate the nlra -these specific committes were unlawful because they were employer dominated -management could veto decisions -management could choose commitee and number of memebers -management organized and esablished goals |
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1993
EI Dupont v nlrb |
-can't use commitees to circumvent union
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Conditions set by NLRA for labor org to exist
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1. employees participate in org
2. a function fo the org is dealing with employer 3. the function of the org is concerned with some form of "conditions of work" |
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1993
St. Mary's Honor center v hicks |
need to prove that nondiscriminatory reasons given for employment actions were racially motivated and not based on some other lawful motivation like personal dislike
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1995
McKennon v Nashville Banner Publishing |
ruled that after-acquired evidence of employee misconduct that would have resulted in termination does not relieve the employer from liability in discharging the employee for an unlawful, discriminatory reason
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2001
circuit city stores v adams |
ruled that mandatory arpitration agreements in employment are enforcable inder the FAA (federal arbitration act of 1925) except for transportation workers, who are exempted from FAA
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employer rights and responabilities
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-right to structure organizations cost-effectively
-right to determine how to run org. responsibilities: -provide safe working conditions -pay wages for work done -reimburse employees for expenses incurred in behalf of employer -coverd by both common law & statutory req. -in absence of contract common law applies -disagreements; breach of contract or tort |
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tort
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civil action based on duty r obligation that has been breached by one party, causing an injury to the other
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common law doctrine
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result of legal decisions made by judges in individual cases
most common: *employment-at-will *constructive discharge *defamation |
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employment-at-will
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defined by payne v the western atlantic road co.
-allowed employers to change employment conditions and allowed employees to leave at any time with or without notice eroded by exceptions like: -public policy exceptions -good faith and fair dealing -promissory estoppel -fraudulent misrepresentation |
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payne v the western atlantic road co.
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either party may terminate the service for any cause, good or bad, or without cause and the other can't complain in law
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contract exceptions to employment at will
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aborgated by contract, expressed or implied
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express contract
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written or verbal agreement in which the part states exactly what they agree to do
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implied contract
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created by an employer's conduct
e.g. consistent application of progressive discipline policy implies that won't be terminated without going throgh this process -disclaimer can offset this |
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statutory exceptions to at-will
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at-will may not be used for discriminatory reasons
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public policy exceptions to at-will
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established by petermann v international brotherhood of teamsters
can't terminate for acting in accordance to public policy originated in CA and adopted by most states, not all applied to 4 gen areas; can't terminate for: 1. refusing to break law on behalf of employer 2. whistle-blowing, report illegal acts of employers 3. participate in activities coverd by public policy lik investigation of employer wrong-doing 4. acting in accordance to legal statute like jury duty of worker's compensation claim |
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petermann v international brotherhood of teamsters
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can't terminate for refusing to commit perjury, it is contrary to public policy
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duty of good faith and fair dealing
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obligation to act in fair and honest manner to each other to ensure contract benefits
varies by state |
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promissory estoppel
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happens when employer entices employee or prospective employeee to take action by promising a reward
if action completed, then there must be reward e.g. promise job to a candidate if resigns position but then change their minds must follow through or pay damages |
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fraudulent misrepresentation
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promises or claims made by employers to entice joining
e.g. tell that will expand when they're planning on closing |
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constructive discharge
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when employer makes workplace so hostile and inhospitable that an employee resigns
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