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CHAPTER 22 Employment Law

CHAPTER 22 Employment Law. 22-1 Making and Terminating Employment Contracts 22-2 Duties of Employers and Employees. 22-1 Making and Terminating Employment Contracts. GOALS Describe how employment contracts are made Explain how employment contracts are terminated. Key Concepts.

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CHAPTER 22 Employment Law

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  1. CHAPTER 22Employment Law 22-1 Making and Terminating Employment Contracts 22-2 Duties of Employers and Employees

  2. 22-1 Making and Terminating Employment Contracts Chapter 22 • GOALS • Describe how employment contracts are made • Explain how employment contracts are terminated

  3. Key Concepts Chapter 22 Employment: a legal relationship based on a contract that calls for one individual to be paid Employer:person who pays someone for work Employee: person who is paid to work for employer

  4. ARE YOU MY EMPLOYER? Chapter 22 • Relationship between two parties is NOT one of employment if: • There is no contract to pay for work • There is no direction/control • Independent contractor: you pay someone to produce a specified result in the manner he/she sees fits

  5. HOW ARE EMPLOYMENT CONTRACTS MADE? Chapter 22 • Terms of the employment contract • Express agreements • Oral or written • Extremely detailed • If you violate an express term…you have breached (broken) the contract • Compensation (Pay) is almost always an express term

  6. Implied Agreements Chapter 22 • Time frame of employment is usually implied (to make something understood without expressing it directly) • Employment at will: You can be fired at anytime • Employer doesn’t have to tell you why • You can also quit at any time • TEXAS is an “employment at will” state

  7. Imposed by Law • State & federal laws can enforce many important terms into a contract • Minimum wage • Discrimination • Age restrictions

  8. CHECKPOINT Chapter 22 Name three sources of the terms in employment contracts.

  9. HOW ARE EMPLOYMENT CONTRACTS TERMINATED? • By performance • Did you do the job you are paid to do? • By termination at will • No set length of time for employment relationship • Wrongful discharge - When an employer terminates an at-will employee without cause • Most states will now deny this power if used for retaliation Chapter 22

  10. HOW ARE EMPLOYMENT CONTRACTS TERMINATED? Chapter 22 • By termination at will • Violation of contract terms • Ex.: You broke a rule clearly stated in handbook • Government employees • Entitled to due process before being fired • Hearing in which they find out the reasons for termination • By material breach • Ex. You didn’t get your pay check every two weeks; You can quit w/o liability

  11. Unemployment Compensation Chapter 22 • Eligible for unemployment benefits if: • discharged without cause: The cause of an employee’s termination was not the employee’s • Entitled to unemployment compensation: Money paid by government or private insurance funds to workers who have lost their jobs through no fault of their own • Must wait 1-2 weeks after termination before benefits begin • Not eligible for unemployment benefits if: • discharged for cause: An employee is terminated because he or she violated an employment obligation

  12. CHECKPOINT Chapter 22 What are the three main ways in which an employment contract is terminated?

  13. 22-2 Duties of Employers and Employees Chapter 22 • GOALS • List an employer’s duties • Name an employee’s duties

  14. WHAT ARE AN EMPLOYER’S DUTIES? • Duties owed to employees • Reasonable treatment • Safe working conditions • Fair labor standards • 1938 – Fair Labor Standards Act (FLSA) • Established minimum wage and maximum work hours • Doesn’t require employee to receive breaks • Payroll deductions • Employer takes money out for taxes, SS, etc.. • Military service • Must receive same salary and similar job once return from active duty • Voting • Family and medical leave • 12-wks unpaid leave • Job-protection Chapter 22

  15. WHAT ARE AN EMPLOYER’S DUTIES? • Duties owed to minors • State laws • Each state has conditions for persons under the age of 18 • Restrictions can include: • Maximum # of working hours • Prohibit night work • Age req’s for hazardous work • No working between hours of 10pm – 5am • Federal law (FLSA) • Minors under 16 who work under business operated by their parents can work any number of hours (except in mining & manufacturing jobs) • FLSA prohibits people under 14 to work(except entertainment and agriculture) • 14-15 are limited to after school hours (non-hazardous jobs only) Chapter 22

  16. WHAT ARE AN EMPLOYER’S DUTIES? • Duties owed to those injured by employees • If an employee (within his/her job duties) acts/commits a tort…then the employer is responsible. • If an employee (out of own free will ) acts/commits a tort…then the employee is responsible. Chapter 22

  17. CHECKPOINT Chapter 22 Name the duties owed by employers to their employees.

  18. WHAT ARE AN EMPLOYEE’S DUTIES? Chapter 22 • Duty to fulfill the employment contract • Do what you are paid to do • Duty of obedience • Follow rules/procedures • Employee cannot be required to act illegally, immorally, or against public policy • Duty of reasonable skill • You have the skill to do the job accurately • Duties of loyalty and honesty • Obligated to look out for the employer’s best interest • Duty of reasonable performance • Perform your job with competence

  19. CHECKPOINT Chapter 22 What duties are owed the employer by an employee?

  20. PREVENTLEGALDIFFICULTIES Continued on the next slide Chapter 22 • As an employee . . . • Realize that you and your employer are parties to a contract in which you both have rights and duties. • Before you go to work, learn as much as you can about the job. Find out about hours, pay, duties, dress, fringe benefits, and any other related matters. • Avoid tardiness and absenteeism.

  21. PREVENTLEGALDIFFICULTIES Continued on the next slide Chapter 22 • Remember that in addition to reasonable skill and performance, you owe your employer loyalty, honesty, and obedience. However, the duty of obedience does not require employees to engage in illegal, immoral, or unsafe activities. • Remember that you are personally responsible for your own negligent acts. This is true even though the injured party may also be able to recover from your employer.

  22. PREVENTLEGALDIFFICULTIES Chapter 22 • As an employer . . . • Remember to treat your employees reasonably and provide them with safe working conditions. • Be aware of and comply with applicable federal and state laws governing the work environment. • Prevent vicarious liability for the potentially tortious acts of your employees by training them properly, especially if they have immediate contact with the general public.

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