Term
| Traditional "at-will" rule |
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Definition
Either party can terminate an employment contract of indefinite duration for any or no reason
- Does not apply to contracts for employment for a definite period of time |
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Term
| What is the at-will rule limited to today? |
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Definition
1. Statutory restrictions (i.e. anti-discrimination laws)
2. Public policy
3. Implied covenant of good faith and fair dealing
4. Employment promises |
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Term
| What may an employee in a state recognizing the at-will rule do once fired? |
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Definition
| Sue an employer for wrongful discharge or unjust dismissal |
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Term
| The 3 kinds of public policy exceptions to "employment at-will" where an employee is fired for: |
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Definition
1. Refusing to commit an unlawful act
2. Performing a public obligation (e.g. jury or military duty, whistle blowing)
3. Exercising a legal right or privilege |
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Term
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Definition
| An employee who publicly discloses dangerous, illegal, or improper behavior by an employer |
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Term
| What does a duty of good faith and fair dealing prohibit? |
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Definition
Firing in bad faith or that amounts to unfair dealing
- About 25% of states recognize this exception |
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Term
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Definition
Employer who breaks a promise to an employee may be liable for breach of contract (even though it isn't a binding contract)
- based on promises made to an employee before or during employment |
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Term
| How may employers avoid liability of breach of promise? |
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Definition
| Inserting disclaimers of job security in employment applications and employment manuals |
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Term
| Does the US constitution apply to private employment? |
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Definition
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Term
| What do federal and state laws cover in terms of privacy? |
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Definition
- Federal privacy laws typically apply only to federal employees
- State law covers private sector workers |
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Term
| To whom does the Employee Polygraph Protection Act apply? |
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Definition
| Private employers and current or prospective employees |
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Term
| What does the Employee Polygraph Protection Act prohibit? |
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Definition
1. Requiring, suggesting, requesting, or causing employees or prospective employees to take lie detector tests;
2. Using, accepting, referring to, or inquiring about the results of lie detectors tests; and/or
3. Discriminating against or threatening to discriminate against employees or prospective employees because of the results of lie detector tests or their refusal to take a lie detector test |
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Term
| What types of employers are exempt from the Employee Polygraph Protection Act? |
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Definition
1. Government
2. Private firms with security-related interests
3. Private firms investigating economic loss |
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Term
| What type of protection do employees have against Drug and Alcohol Tests? |
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Definition
| No protection against private employers who require drug and alcohol tests |
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Term
| What must be true for public employers to drug/alcohol test employees under the 4th amendment? |
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Definition
1. Reasonable basis for suspecting employee drug or alcohol use on the job exists
2. Drug or alcohol use threatens public interest or public safety |
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Term
| Records and References of employees? |
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Definition
Most states allow employees to access their personnel files, but limit access by third parties
- Employers who give such info to third parties, such as in a reference letter, may be liable for civil claims of defamation or invasion of privacy |
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Term
| General rule regarding employer searches |
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Definition
| Searches by private employers are permissible |
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Term
| Public employees and employer searches |
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Definition
Public employees have a reasonable expectation of privacy in a particular area such as an office, desk, or files
- Search is constitutional if it is reasonable under the circumstances |
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Term
| How does an employer determine reasonableness in regards to employer searches? |
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Definition
| Balancing the employee's legitimate privacy expectations against the gov'ts need for supervision and control of the workplace, with more intrusive searches demanding a higher degree of justification |
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Term
| What type of legal documentation is needed for employer searches? |
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Definition
| Supreme court held that neither probable cause not a warrant is necessary for such searches to proceed |
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Term
| How can employers monitor the workplace? |
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Definition
| By video, telephone, computer workstation, television, and meta detectors |
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Term
| How does an employee usually consent to employer monitoring? |
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Definition
| Impliedly when he/she remains after firms notify employees that email, voicemail, internet use, and other activities are subject to monitoring |
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Term
| How do company policies affect employer monitoring? |
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Definition
| Company policies may limit the ways employees can use company computer systems, and often subject employees who violate the policy to disciplinary penalties such as discharge |
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Term
| What 2 things must be true for an employee to sue employers for conducting unreasonable searches or monitoring? |
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Definition
1. Employee has a reasonable expectation of privacy; and
2. Employer search or monitoring is unreasonable or serves no legitimate business interest |
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