BCOR 3000 Chapter 24 BCOR 3000 Chapter 24 Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire November 12 2015 November 12 2015 Agenda Agenda Employment Immigration and Labor Law Employment Immigration and Labor Law 1 1 Introduction Introduction 2 2 Employment at Will Employment at Will Exceptions to Employment at Will Doctrine 3 3 Exceptions to Employment at Will Doctrine 4 4 Wrongful Discharge Wrongful Discharge 5 5 Wages Hours and Layoffs Wages Hours and Layoffs 6 6 Family and Medical Leave Family and Medical Leave Introduction Introduction A tangled web so to speak Common law still plays a major role in governing employer employee relationships Numerous statutes and administrative agency regulations now govern the workplace Employment at Will Employment at Will Employment at Will common law doctrine which allows either party employer or employee to end the employment relationship at any time and for any reason Employers can fire workers for any reason or no reason Unless doing so violates an employee s statutory or contractual rights Majority of U S workers have employment at will status This is our starting point our general rule but numerous exceptions to come Exceptions to Exceptions to Employment at Will Doctrine Employment at Will Doctrine Because of the sometimes harsh effects of the employment at will doctrine courts have carved out various exceptions to the general rule Exceptions are based on Contract Theory Tort Theory Public Policy These are all rooted in the notion of wrongful discharge Exceptions to Exceptions to Employment at Will Doctrine Employment at Will Doctrine cont d d cont Wrongful discharge the term used to refer to an employer s termination of an employee s employment in violation of the law or an employment contract Remember Even if an employer s actions do not violate any provisions in an employment contract or a statute the employer may still be subject to liability under a common law doctrine Exceptions to Exceptions to Employment at Will Doctrine Employment at Will Doctrine cont d d cont 1 Exceptions based on contract theory Implied Employment Contract a contract that is inferred or implied as interpreted by a court between employer and employee even though no written employment contract exists Could be based on employment manual bulletin board policies communicated to employees oral promises by employer Employee s reasonable expectations are the key to whether an implied employment contract is said to have been formed If court determines an implied employment contract exists it will typically analyze claim as breach of contract claim Exceptions to Exceptions to Employment at Will Doctrine Employment at Will Doctrine cont d d cont 1 Exceptions based on contract theory Implied Employment Contract a contract that is inferred or implied as interpreted by a court between employer and employee even though no written employment contract exists Ex You are hired as the Marketing Manager at Crocs No written employment agreement and or letter stating employment at will status Employment manual and personnel bulletin both state that as a matter of policy workers will only be dismissed for good cause Would you reasonably expect the company to follow this policy Exceptions to Exceptions to Employment at Will Doctrine Employment at Will Doctrine cont d d cont 2 Exceptions based on tort theory termination of an employee may give rise to claims of Intentional infliction of emotional distress an extreme and outrageous act intentionally committed that results in severe emotional distress to another Defamation anything published or publicly spoken that causes injury to another s good name reputation or character Fraud involves intentional deceit for personal gain based on 1 Misrepresentation of facts or conditions with knowledge that they are false or Intent to induce another to rely on the misrepresentation 2 3 Justifiable reliance by the deceived party Damage suffered as a result of the reliance 4 5 Causal connection between the misrepresentation and the harm with reckless disregard for the truth Exceptions to Exceptions to Employment at Will Doctrine Employment at Will Doctrine cont d d cont 2 Exceptions based on tort theory termination of an employee may give rise to claims based on torts Ex Dick Harper and Globodyne Globodyne induces Dick Harper to leave lucrative job and move to another state by offering a long term job with a thriving business But Globodyne is not only having significant financial problems but is cooking the books Dick Harper took the job in reliance on Globodyne s representations Dick Harper may be able to bring an action for fraud Exceptions to Exceptions to cont d d cont Employment at Will Doctrine Employment at Will Doctrine 3 Exceptions based on public policy most common exception to employment at will doctrine is that worker was terminated for reasons that violate a clearly stated fundamental public policy of the jurisdiction Whistleblowing an employee s disclosure to government authorities upper level managers or the media that the employer is engaged in unsafe or illegal activities Exceptions to Exceptions to cont d d cont Employment at Will Doctrine Employment at Will Doctrine 3 Exceptions based on public policy most common exception to employment at will doctrine is that worker was terminated for reasons that violate a clearly stated fundamental public policy of the jurisdiction Ex At will employee of retirement home fired for reporting illegal activity Worker filed lawsuit arguing she was protected from retaliatory firing which violated public policy Could also seek protection under federal and state statutory laws Wages Hours and Layoffs Wages Hours and Layoffs Fair Labor Standards Act FLSA federal statute enacted in 1938 which extended wage and hour requirements to cover all employers engaged in interstate commerce or in the production of goods for interstate commerce plus certain other businesses We will look at FLSA provisions regarding Child labor Minimum hours Minimum wages Wages Hours and Layoffs cont d d Wages Hours and Layoffs cont Fair Labor Standards Act FLSA Child labor Various restrictions involving children under 18 years old regarding how many hours per day and per week they can work Children under 14 years old can do certain types of work including agricultural jobs entertainment jobs newspaper delivery and for parents Wages Hours and Layoffs cont d d Wages Hours and Layoffs cont Fair Labor