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PHR EMPLOYEE AND LABOR RELATIONS
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PHR EMPLOYEE AND LABOR RELATIONS
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PHR EMPLOYEE AND LABOR RELATIONSpublic policy exception to at-will employment - Answers -employees may not be
terminated because of:
1. refusal to break the law on behalf of the employer
2. reporting of illegal acts of their employers (whistle-blowers)
3. participation in activities supported by public policy, such as cooperating in a
government investigation of wrongdoing by the employer
4. action in accordance with legal statute, such as attending jury duty or filing a workers'
comp claim
promissory estoppel exception to at-will employment - Answers -if an employer
promises a reward to an employee if the employee takes a specific action, the employer
may not withdraw the award; for example, promising a job, to which the employee
resigns another position, to the withdraw the job offer
fraudulent misrepresentation exeption to at-will employment - Answers -promises or
claims made by employers to entice candidates to join the company that the employer
doesn't follow through with; for example, telling a candidate the company is strong in
order to hire a general manager when the company knows it will be closing the plant in
6 months
Payne v. Western & Atlantic Railroad Co - Answers -resulted in definition of at-will
employment
exceptions to at-will employment - Answers -contracts, statutes, public-policy, duty of
good faith and fair dealing, promissory estoppel, and fraudulet misrepresentation
statutory exception to at-will employment - Answers -employees may not be terminated
for discriminatory reasons as established by legislation designed to protect employee
rights
respondeat superior - Answers -an employer can be held liable for actions of its
employees that occur within the scope and course of assigned duties and
responsibilities in the course of their employment, regardless of whether the act is
negligent or reckless
constructive discharge - Answers -resignation by an employee because the employer
has created a hostile and inhospitable work environment; legal standard varies from
state to state
malicious defamation - Answers -communication that deliberately damages an
individual's reputation in the community;
common law doctrines - Answers -laws that are the result of legal decisions made by
judges in a court case
, legal statutes - Answers -laws that have been created by the legislature or presidential
executive orders
quid pro quo harassment - Answers -occurs when a supervisor asks for sexual favors in
return for a favorable employment action
hostile work environment - Answers -occurs when an employee(s) is subjected to
unwelcome verbal or physical conduct when submission to or rejection of this conduct
explicitly or implicitly affects an individual's employment, unreasonable interferes with
work performance, or creates an intimidating, hostile, or offensive work environment
Meritor Savings Bank v. Vinson - Answers -court case that determined that a claim of
hostile work environment sex discrimination is actionable under Title VII
Harris v. Forklift Systems - Answers -court case that established that the standard for
determining a hostile work environment is one that falls between that which is merely
offensive and that which results in tangible psychological injury
Faragher v. City of Boca Raton - Answers -court case establishing that employers are
responsible for actions of those they employ and have a responsibility to control them; a
supervisor does not need to make an explicit threat of an adverse tangible employment
action in order for harassment to be actionable - subordinates know there is possibility
of adverse supervisory actions whenever sexual requests are made even if adverse
actions aren't stated
Burlington Industries v. Ellerth - Answers -court case that determined an employer may
be held accountable for the harful actions of its employees, whether or not the employer
knew about the actions; an employer is subject to vicarious liability to a victimized
employee for an actionable hostile work environment created by a supervisor with
immediate or successively higher authority over the employee
Uniformed Services Employment and Reemployment Rights Act - Answers -USERRA -
provides rights to members of the uniformed services for employment, reemployment,
and benefits; applicable to all employers regardless of size, both private and public;
requires employers to grant up to 5 years of leave for military service and unlimited
leave for boot camp, initial service period, waiting for order, and annual mandatory
training
Railway Labor Act - Answers -protected unionization rights; allowed for a 90-day cooling
off period to prevent strikes in national emergencies; covers railroads and unions; today
applies to airlines as well
Sherman Antitrust Act - Answers -the first piece of legislation to impact the labor
movement; contolled business monopolies; allowed court injunctions to prevent restraint
of trade; used to restrict unionization efforts
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